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This is Sentencing Act 2020 as published by legislation.gov.uk, last updated here 28 September 2026. It is in force today.
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- http://www.legislation.gov.uk/ukpga/2020/17 ↗
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- Open Government Licence v3.0 ↗
- Held here since
- 28 September 2026
- Last updated here
- 28 September 2026
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- In force
- Version in force from
- 21 September 2026
- Version published
- 21 September 2026
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- United Kingdom
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- Citation
- Sentencing Act 2020
- Kind
- Act
- Enacted by
- Parliament of the United Kingdom
- Enacted
- 22 October 2020
section 19 (failure to disclose professional belief or suspicion about terrorist offences);
section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);
section 39 (disclosure of information prejudicial to a terrorist investigation etc);
Sch.A1(crossheading)(antiterrorism)(crime)(and)(security)(act)(2001)
Anti-terrorism, Crime and Security Act 2001
An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).
section 10 (misuse of radioactive device or material for terrorist purposes etc);
An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).
An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
Sch.A1(crossheading)(terrorism)(prevention)(and)(investigation)(measures)(2011)
Terrorism Prevention and Investigation Measures 2011
An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).
Sch.A1(crossheading)(counterterrorism)(and)(security)(act)(2015)
Counter-Terrorism and Security Act 2015
An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).
An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.
Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 where terrorist connection to be considered
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);
section 64 (making or having gunpowder etc with intent to commit or enable any person to commit any felony mentioned in the Act).
An offence under any of the following provisions of the Explosive Substances Act 1883—
section 3 (attempt to cause explosion or making or keeping explosive with intent to endanger life or property);
section 4 (making or possession of explosive under suspicious circumstances);
An offence under section 1 of the Biological Weapons Act 1974 (restriction on development etc of certain biological agents and toxins and of biological weapons).
An offence under any of the following provisions of the Aviation Security Act 1982—
section 6(2) (inducing or assisting commission of offence under section 1, 2 or 3 outside the United Kingdom).
An offence under any of the following provisions of the Nuclear Material (Offences) Act 1983—
section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction);
An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
section 11 (destroying ships or fixed platforms or endangering their safety);
section 14(4) (inducing or assisting the commission of an offence outside the United Kingdom), so far as relating to an offence under section 9 or 11 of that Act.
An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences against the safety of channel tunnel trains and the tunnel system).
An offence under either of the following provisions of the Chemical Weapons Act 1996—
An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—
This Schedule applies where an order for conditional discharge has been made in respect of an offence (“the original offence”).
If the order for conditional discharge was made on appeal, for the purposes of this Schedule it is to be taken—
if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;
Sch.2(crossheading)(issue)(of)(summons)(or)(warrant)(by)(justice)(of)(the)(peace)
Issue of summons or warrant by justice of the peace
has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and
issue a summons requiring the offender to appear at the place and time specified in it, or
if the information is in writing and on oath, issue a warrant for the offender's arrest.
A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the court which made the order for conditional discharge.
Sch.2(crossheading)(issue)(of)(summons)(or)(warrant)(by)(crown)(court)
Issue of summons or warrant by Crown Court
has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and
a summons requiring the offender to appear at the place and time specified in it, or
A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the Crown Court.
Sch.2(crossheading)(power)(of)(magistrates)(court)(convicting)(offender)(of)(further)(offence)
Power of magistrates' court convicting offender of further offence
This paragraph applies where the offender is convicted by a magistrates' court (“the convicting court”) of an offence committed during the period of conditional discharge.
If the order for conditional discharge was made by the convicting court, that court may re-sentence the offender for the original offence.
If the order for conditional discharge was made by another magistrates' court, the convicting court may, with the consent of the court which made the order, re-sentence the offender for the original offence.
If the order for conditional discharge was made by the Crown Court, the convicting court—
if it does so, must send the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the designated officer by whom the register is kept.
In sub-paragraph (4), the “register” means the register of proceedings before a magistrates' court required by the Criminal Procedure Rules to be kept by the designated officer of the court.
For powers of the convicting court, where it commits a person under sub-paragraph (4), to commit a person to the Crown Court in respect of other offences, see section 20.
Conviction of further offence by another court: power of magistrates' court which made order
the order for conditional discharge was made by a magistrates' court (“the original court”),
it is proved to the satisfaction of the original court that the offender has been convicted by another court in Great Britain of an offence committed during the period of conditional discharge.
Powers of Crown Court with respect to original offence following subsequent conviction
is convicted before the Crown Court of an offence committed during the period of conditional discharge, or
is brought or appears before the Crown Court having been committed by a magistrates' court for sentence in respect of any such offence, or
the order for conditional discharge was made by the Crown Court and it is proved to the satisfaction of the Crown Court that the offender has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge.
Any question under this paragraph whether the offender has been convicted of an offence committed during the period of conditional discharge is to be determined by the court and not by the verdict of a jury.
Where the offender is committed to the Crown Court under sub-paragraph (4) of paragraph 5, any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the convicting court (within the meaning of that paragraph)— This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (certain duties relating to information).
is instead to be discharged or may instead be exercised by the Crown Court.
This Schedule applies to a programme of behaviour agreed between an offender and a youth offender panel under section 96.
The programme may, in particular, include requiring the offender to— This is subject to paragraphs 5 and 6.
meet persons specified in the programme at times and places specified in or determined under the programme;
The programme may include provision for the offender's compliance with the programme to be supervised and recorded.
Activities that may be specified by virtue of paragraph 2(f) include, in particular, activities—
assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs.
No term which provides for anything to be done to or with any victim may be included in the programme without the victim's consent.
In this Schedule “victim” means any person who appears to the panel to be a victim of, or otherwise affected by, the offence or any of the offences for which the offender was referred to the panel.
This Part of this Schedule applies where a youth offender panel refers an offender back to court under Chapter 1 of Part 6 (referral orders).
To make the referral, the panel must send a report to the appropriate court explaining why the offender is being referred back to court.
Sch.4 Pt.1(crossheading)(bringing)(the)(offender)(before)(the)(court)
Bringing the offender before the court
Where the appropriate court receives a report under paragraph 2, the court must cause the offender to appear before it.
For that purpose, a justice acting in the same local justice area as the appropriate court may—
issue a summons requiring the offender to appear before the appropriate court at the place and time specified in the summons, or
if the report is substantiated on oath, issue a warrant for the offender's arrest which requires the offender to be brought before the appropriate court.
Sch.4 Pt.1(crossheading)(detention)(and)(remand)(of)(arrested)(offender)
Detention and remand of arrested offender
may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and
must, within that period, bring the offender before a youth court (or, if the offender is aged 18 or over, a magistrates' court other than a youth court).
A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.
This paragraph applies where the court before which the offender is brought under paragraph 4(2) (“the alternative court”) is not the appropriate court.
Section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court.
If the offender is aged under 18, any power conferred by that section to remand the offender in custody includes a power to remand the offender to accommodation provided by or on behalf of a local authority.
If a court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides or will reside.
Sch.4 Pt.1(crossheading)(powers)(of)(court)(on)(referral)(back)
Powers of court on referral back
Sch.4 Pt.1(crossheading)(power)(of)(court)(where)(it)(upholds)(panels)(decision)
Power of court where it upholds panel's decision
Sub-paragraph (2) applies where the appropriate court is satisfied, for any decision of the youth offender panel which resulted in the referral back to court, that—
so far as the decision relied on any finding of fact by the youth offender panel, the panel was entitled to make that finding in the circumstances, and
so far as the decision involved any exercise of discretion by the youth offender panel, the panel reasonably exercised that discretion in the circumstances.
Revocation of an order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).
Where an order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).
In re-sentencing the offender under sub-paragraph (4), the appropriate court must take into account—
where a youth offender contract has taken effect between the offender and the panel, the extent of the offender's compliance with the contract.
may not be exercised unless the offender is before the appropriate court, and
is not affected by the expiry of the compliance period (whether before or after the offender was referred back to court), in a case where a youth offender contract has taken effect.
An offender re-sentenced under paragraph 7(4) for an offence may appeal to the Crown Court against the sentence.
Power of court to impose fine or extend period for which contract has effect
the appropriate court is satisfied that the offender has failed without reasonable excuse to comply with a youth offender contract which has taken effect between the offender and a youth offender panel, and
The appropriate court may make an order extending the length of the compliance period, but—
The court may order the offender to pay a fine of an amount not exceeding £2,500.
Expiry of the compliance period (whether before or after the offender was referred back to court) does not affect the power to impose a fine under sub-paragraph (3).
A fine imposed under sub-paragraph (3) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
Sch.4 Pt.1(crossheading)(consequences)(of)(court)(not)(revoking)(referral)(order)(or)(orders)
Consequences of court not revoking referral order or orders
This paragraph applies where, having considered the matters in sub-paragraph (1) of paragraph 7, the appropriate court does not revoke the referral order (or orders) to which the offender is subject.
The offender remains subject to the referral order (or orders) in all respects as if the referral back to court had not occurred (subject to any order under paragraph 9(2) (extension of compliance period)).
But if— the court must make an order declaring that the referral order (or each of the referral orders) is discharged.
a youth offender contract has taken effect in pursuance of the referral order (or orders),
the referral order (or each of the referral orders) has not been revoked,
An order under sub-paragraph (3) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period).
Sch.4 Pt.1(crossheading)(exception)(where)(court)(satisfied)(as)(to)(completion)(of)(contract)
Exception where court satisfied as to completion of contract
the reference back to court was made under section 101(5) (final meeting: order not discharged), and
the court decides (contrary to the decision of the panel) that the offender's compliance with the youth offender contract has, or will by the end of the compliance period have, been such as to justify the conclusion that the offender has, or will have, satisfactorily completed the youth offender contract.
The court must make an order declaring that the referral order (or each of the referral orders) is discharged.
An order under sub-paragraph (2) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period).
Sch.4 Pt.1(crossheading)(referral)(back)(for)(extension)(of)(compliance)(period)
Referral back for extension of compliance period
the reference back to court was made under section 103(2) (request for extension of compliance period),
the youth offender contract has taken effect and the compliance period has not expired, and
If it appears to the appropriate court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the contract took effect, it may make an order extending the length of the compliance period but—
When deciding whether to make an order under sub-paragraph (2), the court must take into account the extent of the offender's compliance with the contract.
Sch.4 Pt.1(crossheading)(power)(to)(adjourn)(hearing)(and)(remand)(offender)
Power to adjourn hearing and remand offender
This paragraph applies where a youth court or other magistrates' court holds a hearing in proceedings under this Part of this Schedule.
it must fix the time and place at which the hearing is to be resumed, and
the remand must require the offender to be brought before the court at that time and place.
Where the court adjourns the hearing under sub-paragraph (2), but does not remand the offender—
if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—
if the offender is aged under 14, a parent or guardian of the offender, and
The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.
applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but
is not to be taken to affect the application of that section to hearings of any other description.
a referral order has been made in respect of an offender and has not been discharged or revoked,
Power of magistrates' court to deal with further offence by extending compliance period
This paragraph applies if the court dealing with the offender for the new offence is a youth court or other magistrates' court.
An order under this paragraph is available in respect of the new offence if neither the new offence nor any offence connected with it is one the sentence for which is fixed by law.
The court may sentence the offender for the new offence by making an order extending the length of the compliance period, but not to more than 12 months.
This paragraph applies where a court makes an order under paragraph 15 in respect of the new offence.
The court must not deal with the offender for the new offence, or any offence connected with it, by making an order of the kind mentioned in section 89(3) (orders not available where court makes referral order).
In respect of any offence connected with the new offence, the court must make—
Sch.4 Pt.2(crossheading)(further)(convictions)(power)(of)(any)(court)(to)(revoke)(referral)(orders)
Further convictions: power of any court to revoke referral orders
This paragraph applies where, in dealing with the offender for the new offence, the court makes an order other than—
If it appears to the court to be in the interests of justice to do so, the court—
may revoke the referral order (or any one or more of the referral orders), and
if it revokes a referral order, may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).
Revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).
When re-sentencing the offender under sub-paragraph (2)(b), if a youth offender contract has taken effect between the offender and the panel, the court must take into account the extent of the offender's compliance with the contract.
For the purposes of this paragraph it does not matter whether the new offence was committed before or after the offender was referred to the panel.
the responsible officer makes an application to the appropriate court under this paragraph for it to exercise its powers under paragraph 2.
if the offender is aged under 18, a youth court acting in the relevant local justice area, and
if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.
if it is not known where the offender resides, the offender's home local justice area.
Where the responsible officer makes an application to the appropriate court under this paragraph, the officer may bring the offender before the court.
This paragraph applies if it is proved to the satisfaction of the appropriate court that the offender has breached any requirement of the reparation order.
if the reparation order was made by a magistrates' court, may revoke the order and re-sentence the offender for the offence in respect of which the order was made, or
if the reparation order was made by the Crown Court, may— until the offender can be brought or appear before the Crown Court.
Where the appropriate court deals with the offender's case under sub-paragraph (2)(c) it must send the Crown Court a certificate signed by a justice of the peace giving— and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.
particulars of the offender's failure to comply with the requirement in question, and
The appropriate court may not make an order under this paragraph unless the offender is before the court.
For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.
In dealing with the offender under this paragraph the appropriate court must take into account the extent to which the offender has complied with the requirements of the reparation order.
A fine imposed under this paragraph is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
Where— section 380 (order for payment by parent or guardian) applies to the fine.
but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(a),
by virtue of paragraph 2(2)(c) the offender is brought or appears before the Crown Court, and
it is proved to the satisfaction of that court that the offender has breached the requirement in question.
The Crown Court may re-sentence the offender for the offence in respect of which the reparation order was made.
Where the Crown Court deals with the offender under sub-paragraph (2), it must revoke the reparation order if it is still in force.
In dealing with an offender under this paragraph the court must take into account the extent to which the offender has complied with the requirements of the reparation order.
The appropriate court may not make an order under this paragraph unless the offender is before the court.
For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.
In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the reparation order is to be determined by the court and not by the verdict of a jury.
A reparation order made on appeal is to be taken, for the purposes of this Part of this Schedule—
if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;
the offender or the responsible officer makes an application to the relevant court under this paragraph.
in the case of an application made both under this paragraph and under paragraph 1, the appropriate court (as defined in that paragraph).
Where the responsible officer makes an application to a court under this paragraph, the responsible officer may bring the offender before the court. But this is subject to paragraph 6.
If it appears to the relevant court that it is appropriate to make an order under this sub-paragraph, the court may—
by inserting in it (either in addition to or in substitution for any of its provisions) any provision which it could include in a reparation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.
Unless the offender is before it, the relevant court may not amend the reparation order under this paragraph, except to—
substitute a new local justice area for the offender's home local justice area specified in the order, or
Where an application under this paragraph for the revocation of a reparation order is dismissed, no-one may make a further application for its revocation under this paragraph except with the consent of the relevant court.
For the purpose of securing the attendance of the offender before it, the court to which the application is made may issue a summons.
it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by rules of court, that the summons—
was served on the offender within what appears to the court to be a reasonable time before the hearing,
This paragraph does not affect any other power to issue a summons or warrant.
cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).
may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and
must, within that period, bring the offender before a youth court or, if the offender is aged 18 or over, a magistrates’ court other than a youth court.
A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.
Where the court before which the offender is brought under paragraph 7(2) (“the alternative court”) is not the relevant court, the alternative court may—
If the offender is aged under 18, the power in sub-paragraph (1)(b) is a power to remand the offender to accommodation provided by or on behalf of a local authority.
Where a court remands an offender under this paragraph to accommodation provided by or on behalf of a local authority, it must designate the local authority which is to receive the offender.
if it appears to the court that the offender does not reside in the area of a local authority, must be a local authority in whose area the offence or an associated offence was committed.
Sch.5 Pt.3(crossheading)(power)(to)(adjourn)(hearing)(and)(remand)(offender)
Power to adjourn hearing and remand offender
This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates’ court in any proceedings under this Schedule.
that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.
Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—
if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—
if the offender is aged under 14, a parent or guardian of the offender, and
The powers of a magistrates’ court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.
applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but
is not to be taken to affect the application of that section to hearings of any other description.
any order made under paragraph 2(1) (order made by appropriate court on breach of reparation order),
any order made under paragraph 5(4)(b) (amendment of order), other than an order which only does one or more of the following—
substitutes a new local justice area for the offender's home local justice area specified in the order, or
the dismissal of an application under paragraph 5 to revoke a reparation order.
Sch.6 Pt.1(crossheading)(activity)(requirement)(types)(of)(requirement)
Activity requirement: types of requirement
In this Code “activity requirement”, in relation to a youth rehabilitation order, is a requirement consisting of one or more of the following—
an obligation under paragraph 6 to engage in activities as instructed by the responsible officer.
A youth rehabilitation order that imposes an activity requirement may specify—
The aggregate number of days specified in a youth rehabilitation order under paragraphs 3, 4, 5 and 6 must not exceed 90 unless the activity requirement is an extended activity requirement (see paragraph 2).
An extended activity requirement is an activity requirement for which the aggregate number of days specified in the youth rehabilitation order under paragraphs 3, 4, 5 and 6 is greater than 90.
Where a youth rehabilitation order imposes an extended activity requirement, the aggregate number of days specified in the order under those paragraphs must not exceed 180 the relevant number.
in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 17 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, 180 days, and
in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, 365 days.
For restrictions on making a youth rehabilitation order with intensive supervision and surveillance (and, accordingly, on imposing an extended activity requirement), see section 180 (as well as sections 175 and 178 (requirements and availability relating to youth rehabilitation orders with intensive supervision and surveillance)).
Sch.6 Pt.1(crossheading)(activity)(requirement)(specified)(place)(obligation)
Activity requirement: specified place obligation
For each specified place obligation that it imposes, a youth rehabilitation order must specify—
for each place specified, the description of person to whom the offender is required to present himself or herself.
The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days—
to present himself or herself at a specified place to a person of the specified description, and
while there, to participate in activities and comply with instructions given by, or under the authority of, the person in charge of the place.
Sch.6 Pt.1(crossheading)(activity)(requirement)(specified)(activities)(obligation)
Activity requirement: specified activities obligation
For each specified activities obligation that it imposes, a youth rehabilitation order must specify—
The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days—
to comply with instructions given by, or under the authority of, the person in charge of the activity.
An activity specified under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned.
Sch.6 Pt.1(crossheading)(activity)(requirement)(specified)(residential)(exercise)(obligation)
Activity requirement: specified residential exercise obligation
For each specified residential exercise obligation that it imposes, a youth rehabilitation order must specify—
The obligation requires the offender, in accordance with the instructions of the responsible officer—
to present himself or herself at that place to a person of a description specified in the instructions,
to reside there for a period consisting of the specified number of days, and
during that period, to comply with instructions given by, or under the authority of, the person in charge of that place;
to participate in that activity for a period consisting of the specified number of days, and
during that period, to comply with instructions given by or under the authority of, the person in charge of the activity.
Activity requirement: obligation to engage in activities as instructed by responsible officer
A youth rehabilitation order that imposes an obligation under this paragraph—
may permit the responsible officer to give instructions in accordance with this paragraph requiring the offender to participate in a residential exercise.
The obligation requires the offender to engage in activities in accordance with instructions of the responsible officer on that number of days.
For each of those days, instructions of the responsible officer must require the offender—
to present himself or herself to a person or persons of a description specified in the instructions at a place so specified, or
On each of those days, or while participating in any such activity, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or the activity.
An activity specified in instructions under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned.
Sub-paragraphs (7) to (9) apply where under sub-paragraph (1)(b) the youth rehabilitation order permits the responsible officer to give instructions requiring the offender to participate in a residential exercise.
Instructions given by the responsible officer may require the offender to participate in a residential exercise for the period specified in the instructions, and for that purpose—
to present himself or herself to a person of a description specified in the instructions at a place so specified at the beginning of that period and to reside there for that period, or
to participate for that period in an activity specified in the instructions.
But instructions requiring the offender to participate in a residential exercise—
may not require the offender to participate in such an exercise for a period of more than 7 days;
may not be given except with the consent of a parent or guardian of the offender.
Where the responsible officer gives instructions requiring the offender to participate in a residential exercise, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified in the responsible officer's instructions.
Sch.6 Pt.1(crossheading)(activity)(requirement)(general)(provisions)
Activity requirement: general provisions
Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions— may require the offender to engage in activities otherwise than at that place.
paragraph 6(9) (residential exercise at place specified by responsible officer),
Sch.6 Pt.1(crossheading)(restrictions)(on)(imposing)(an)(activity)(requirement)
Restrictions on imposing an activity requirement
A court may not include an activity requirement in a youth rehabilitation order unless—
the court has consulted— and is satisfied that it is feasible to secure compliance with the requirement,
the court is satisfied that provision can be made for the offender to participate in the activities that it proposes to specify in the order under the arrangements for persons to participate in such activities which exist in the local justice area in which the offender resides or is to reside, and
if compliance with the requirement would require the co-operation of a person other than the offender and the responsible officer, that other person consents to its inclusion.
In this Code “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, while the order is in force, the offender must attend appointments with— at times and places determined by the responsible officer.
In this Code “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to—
the times, during a period of 12 months, at which the offender is to perform it.
The order must specify the number of hours which the offender may be required to work under the requirement.
Sub-paragraphs (1)(b) and (3) are subject to paragraphs 10(7) and 19 of Schedule 7 (which make provision for different limits where an unpaid work requirement is imposed or amended in further proceedings).
Sch.6 Pt.3(crossheading)(restriction)(on)(imposing)(an)(unpaid)(work)(requirement)
Restriction on imposing an unpaid work requirement
A court may not impose an unpaid work requirement in respect of an offender unless it is satisfied—
that the offender is a suitable person to perform work under an unpaid work requirement, and
that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the local justice area in which the offender resides or is to reside.
In making a decision under sub-paragraph (1)(a) the court must (if it considers it necessary) hear—
In this Code “programme requirement”, in relation to a youth rehabilitation order, means a requirement for the offender to participate in a particular systematic set of activities (a “programme”), which may have a residential component.
A youth rehabilitation order which imposes a programme requirement must specify—
the place or places at which the offender is required to participate in it,
the number of days on which the offender is required to participate in it, and
the place where the offender is required to reside for the purposes of the residential component, and
For the purposes of this paragraph, a programme has “a residential component” if it is necessary to reside at a particular place for a particular period in order to participate in the programme.
A programme requirement operates to require the offender, as instructed by the responsible officer—
to participate in the programme on the number of days specified in the order at a place specified in the order, and
while there, to comply with instructions given by, or under the authority of, the person in charge of the programme.
Sch.6 Pt.4(crossheading)(restrictions)(on)(imposing)(a)(programme)(requirement)
Restrictions on imposing a programme requirement
A court may not include a programme requirement in a youth rehabilitation order unless— For this purpose, “programme” has the same meaning as in paragraph 12.
the programme which the court proposes to specify has been recommended to the court by— as being suitable for the offender, and
the court is satisfied that the programme is available at the place or places it proposes to specify.
A court may not include a programme requirement in a youth rehabilitation order if compliance with the requirement would require the co-operation of a person other than the offender and the offender's responsible officer, unless that other person consents to its inclusion.
In this Code “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at a particular attendance centre for a particular number of hours.
A youth rehabilitation order which imposes an attendance centre requirement must specify—
the aggregate number of hours for which the offender may be required to attend at the attendance centre.
if the offender is aged under 14 at the time of conviction, not more than 12.
The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.
The subsequent hours are to be fixed by the officer in charge of the centre—
An offender may not be required under this paragraph to attend at an attendance centre—
A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—
in accordance with instructions given by, or under the authority of, that officer.
Sch.6 Pt.5(crossheading)(restriction)(on)(imposing)(attendance)(centre)(requirement)
Restriction on imposing attendance centre requirement
A court may not include an attendance centre requirement in a youth rehabilitation order unless—
the court has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description and that provision can be made for the offender there (and the notice has not been withdrawn), and
the court is satisfied that the attendance centre which it proposes to specify in the order is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.
In this Code “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from particular activities—
Where the court makes a youth rehabilitation order imposing a prohibited activity requirement, the order must specify—
the day or days on which, or the period for which, the offender must refrain from those activities.
A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.
Sch.6 Pt.6(crossheading)(restriction)(on)(imposing)(prohibited)(activity)(requirement)
Restriction on imposing prohibited activity requirement
A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted—
In this Code “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place.
A youth rehabilitation order which imposes a curfew requirement must specify—
Different places or different curfew periods may be specified for different days.
not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.
in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 19 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, means 16 hours, and
in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, means 20 hours.
The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.
Sch.6 Pt.7(crossheading)(requirements)(where)(court)(imposes)(curfew)(requirement)
Requirements where court imposes curfew requirement
Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified under paragraph 18(2)(b).
That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there.
Where the court makes a youth rehabilitation order which imposes a curfew requirement it must also impose an electronic monitoring requirement electronic compliance monitoring requirement (see Part 17 of this Schedule) unless—
in the particular circumstances of the case, it considers it inappropriate to do so.
In this Code “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”).
A youth rehabilitation order which imposes an exclusion requirement must specify—
different prohibited places for different exclusion periods or different days.
Requirement for electronic monitoring where court imposes exclusion requirement
Where the court makes a youth rehabilitation order which imposes an exclusion requirement it must also impose an electronic monitoring requirement electronic compliance monitoring requirement (see Part 17 of this Schedule) unless—
in the particular circumstances of the case, it considers it inappropriate to do so.
In this Code “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must—
if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.
A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(a) must specify—
A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(b) (a “place of residence requirement”) must specify—
if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.
Sch.6 Pt.9(crossheading)(imposing)(a)(residence)(requirement)(restrictions)(and)(requirements)
Imposing a residence requirement: restrictions and requirements
A youth rehabilitation order which imposes a residence requirement within paragraph 22(1)(a) may not specify, as the individual with whom the offender is required to reside, an individual who has not consented to the requirement.
A court may not include a place of residence requirement in a youth rehabilitation order unless the offender is aged 16 or over at the time of conviction.
Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.
A hostel or other institution may not be specified as the required place, except on the recommendation of—
In this paragraph, “place of residence requirement” and “the required place” have the same meanings as in paragraph 22.
In this Code “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must reside in accommodation provided by or on behalf of a particular local authority.
A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a particular person.
A youth rehabilitation order which imposes a local authority residence requirement must specify—
any person with whom the offender is not to reside by virtue of sub-paragraph (2).
The authority specified must be the local authority in whose area the offender resides or is to reside.
A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless the requirements in A to C are met.
the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and
a parent or guardian of the offender (unless it is impracticable to do so), and
The offender was legally represented in court when the court was considering whether to impose the local authority residence requirement, but this does not apply if— For this purpose, “the proceedings” means—
representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or
the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.
In this Code “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the fostering period”), the offender must reside with a local authority foster parent.
A youth rehabilitation order which imposes a fostering requirement must specify—
the local authority which is to place the offender with a local authority foster parent under—
section 81 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).
The fostering period— This is subject to paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7 (substitute fostering requirement).
must end no later than the end of the period of 12 months beginning with the day on which the requirement takes effect, and
The authority specified must be the local authority in whose area the offender resides or is to reside.
Sub-paragraph (6) applies if during the fostering period the responsible officer notifies the offender—
that the responsible officer has applied, or proposes to apply, under Part 3 or 4 of Schedule 7 for the youth rehabilitation order to be amended or revoked.
The fostering requirement has effect, until the application is determined, as a requirement for the offender to reside in accommodation provided by or on behalf of a local authority.
This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.
Sch.6 Pt.11(crossheading)(restrictions)(on)(imposing)(fostering)(requirement)
Restrictions on imposing fostering requirement
A court may not make a youth rehabilitation order which imposes a fostering requirement unless the requirements in A to D are met.
the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and
The court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent (and the notice has not been withdrawn).
the offender's parents or guardians (unless it is impracticable to do so), and
the local authority which is to place the offender with a local authority foster parent.
The offender was legally represented in court when the court was considering whether to impose the fostering requirement, but this does not apply if— For this purpose, “the proceedings” means—
representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or
the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.
Sch.6 Pt.12(crossheading)(mental)(health)(treatment)(requirement)
Mental health treatment requirement
In this Code “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be—
A youth rehabilitation order which imposes a mental health treatment requirement must specify— but may not otherwise specify the nature of the treatment.
the period or periods during which the offender is required to submit to mental health treatment, and
if the mental health treatment is to be in-patient treatment, the care home or hospital where it is to be provided;
if it is to be institution-based out-patient treatment, the institution or place where it is to be provided;
if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;
While the offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a youth rehabilitation order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of the revocation or amendment of the order.
Sch.6 Pt.12(crossheading)(restrictions)(on)(imposing)(mental)(health)(treatment)(requirement)
Restrictions on imposing mental health treatment requirement
A court may not include a mental health treatment requirement in a youth rehabilitation order unless the following conditions are met—
The need for treatment condition is that the court is satisfied that the mental condition of the offender—
does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.
The arrangements condition is that the court is satisfied that arrangements— for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender, if that treatment is, or includes, in-patient treatment (see paragraph 28(2)).
The consent condition is that the offender has expressed willingness to comply with the requirement.
Sch.6 Pt.12(crossheading)(alternative)(arrangements)(for)(mental)(health)(treatment)
Alternative arrangements for mental health treatment
Where— the treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.
an offender is being treated in pursuance of a mental health treatment requirement, and
the treatment practitioner is of the opinion that part of the treatment can be better or more conveniently given in an institution or at a place—
where the treatment of the offender will be given by or under the direction of a registered medical practitioner or registered psychologist,
Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.
Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the youth rehabilitation order.
the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender is required to submit in pursuance of the mental health treatment requirement, and
the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out.
In this Code “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”), to drug rehabilitation treatment. Such treatment may be resident treatment or non-resident treatment.
A youth rehabilitation order which imposes a drug treatment requirement must specify— but must not otherwise specify the nature of the treatment.
if the treatment is to be resident treatment, the institution or place where it is to be provided;
if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;
Sch.6 Pt.13(crossheading)(restrictions)(on)(imposing)(drug)(treatment)(requirement)
Restrictions on imposing drug treatment requirement
A court may not include a drug treatment requirement in a youth rehabilitation order unless the following conditions are met—
The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).
The arrangements condition is that the court is satisfied that arrangements— for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 31(2)).
The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—
The consent condition is that the offender has expressed willingness to comply with the requirement.
In this Part of this Schedule, “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.
In this Code “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, during any treatment period, the offender must, for the purpose of ascertaining whether there is any drug in the offender's body during that period, provide samples in accordance with instructions given by—
must specify, for each month, the minimum number of occasions when samples are to be provided, and
when and in what circumstances the responsible officer or treatment director may require the offender to provide samples, and
A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer, if they are not carried out by the responsible officer.
“treatment director” and “treatment period” have the same meanings as in paragraph 31.
Sch.6 Pt.14(crossheading)(restrictions)(on)(imposing)(drug)(testing)(requirement)
Restrictions on imposing drug testing requirement
A youth rehabilitation order may impose a drug testing requirement only if it also imposes a drug treatment requirement.
A court may not include a drug testing requirement in a youth rehabilitation order unless the following conditions are met—
The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).
The consent condition is that the offender has expressed willingness to comply with the requirement.
In this Code “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”) to substance abuse treatment. Such treatment may be resident treatment or non-resident treatment.
A youth rehabilitation order which imposes an intoxicating substance treatment requirement must specify— but must not otherwise specify the nature of the treatment.
if the treatment is to be resident treatment, the institution or place where it is to be provided;
if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;
Restrictions on imposing intoxicating substance treatment requirement
A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless the following conditions are met—
The arrangements condition is that the court is satisfied that arrangements— for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 36(2)).
The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—
The consent condition is that the offender has expressed willingness to comply with the requirement.
Sch.6 Pt.15(crossheading)(meaning)(of)(intoxicating)(substance)
Meaning of “intoxicating substance”
can be used for the purpose of causing intoxication (whether through inhaling it or its fumes or otherwise), and
is not a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.
In this Code “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a particular period or particular periods, with arrangements for the offender's education—
A youth rehabilitation order which imposes an education requirement must specify—
the period or periods during which the offender must comply with the education arrangements.
The authority specified as the relevant authority must be the local authority (within the meaning of the Education Act 1996) for the area in which the offender resides or is to reside.
In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of— means the time the offender ceases to be of compulsory school age.
an offence of which the offender was convicted before the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, or
an offender who, when the order was made, was not resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age),
In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of— means the time at which the offender ceases to be a person to whom that Part applies or, if later, ceases to be of compulsory school age.
an offence of which the offender was convicted on or after the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, and
an offender who, when the order was made, was resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age),
In this paragraph, “parent” has the same meaning as in the Education Act 1996.
Sch.6 Pt.16(crossheading)(restriction)(on)(imposing)(education)(requirement)
Restriction on imposing education requirement
A court may not include an education requirement in a youth rehabilitation order unless—
it has consulted the authority which is to be specified as the relevant authority (within the meaning of paragraph 39), and
that, in the view of that authority, arrangements exist for the offender to receive efficient full-time education suitable to the offender's age, ability, aptitude and special educational needs (if any), and
that, having regard to the circumstances of the case, it is necessary to include the education requirement in order to secure the good conduct of the offender or to prevent the commission of further offences.
Sch.6 Pt.17(crossheading)(requirement)
RequirementElectronic compliance monitoring requirement
In this Code “electronic monitoring requirement electronic compliance monitoring requirement”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a particular period (“the monitoring period”).
Sch.6 Pt.17(crossheading)(person)(responsible)(for)(electronic)(monitoring)
Person responsible for electronic monitoring : electronic compliance monitoring requirement
A youth rehabilitation order which imposes an electronic monitoring requirementelectronic compliance monitoring requirement must include provision for making a person responsible for the monitoring.
The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.
Sch.6 Pt.17(crossheading)(monitoring)(period)
Monitoring period : electronic compliance monitoring requirement
A youth rehabilitation order which imposes an electronic monitoring requirement electronic compliance monitoring requirement must—
provide for the responsible officer to determine the monitoring period in accordance with the order.
Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the order.
Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—
any person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring.
Sch.6 Pt.17(crossheading)(electronic)(monitoring)(general)
Electronic monitoring Electronic compliance monitoring requirement: general
Where a youth rehabilitation order made on or after the day on which paragraph 1 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force imposes an electronic monitoring requirement electronic compliance monitoring requirement, the offender must (in particular)—
submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—
inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and
take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
Sch.6 Pt.17(crossheading)(restrictions)(on)(imposing)(electronic)(monitoring)
Restrictions on imposing electronic monitoringRestrictions on imposing electronic compliance monitoring requirement
Where— the requirement may not be included in the order without that person's consent.
it is proposed to include an electronic monitoring requirement electronic compliance monitoring requirement in a youth rehabilitation order, but
there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
A court may not include an electronic monitoring requirement electronic compliance monitoring requirement in a youth rehabilitation order unless—
the court has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available— (and the notice has not been withdrawn in relation to any of those areas), and
in the local justice area proposed to be specified in the order as the offender's home local justice area, and
for each requirement mentioned in the table in sub-paragraph (3) which the court proposes to include in the order, in the area in which the relevant place specified in the table for that requirement is situated,
the court is satisfied that the necessary provision can be made under the arrangements currently available.
Sch.6 Pt.17(crossheading)(electronic)(whereabouts)(monitoring)(requirement)
Electronic whereabouts monitoring requirement
In this Code “electronic whereabouts monitoring requirement”, in relation to a youth rehabilitation order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order.
Person responsible for electronic monitoring: electronic whereabouts monitoring order
A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring.
The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.
Sch.6 Pt.17(crossheading)(electronic)(whereabouts)(monitoring)(requirement)(general)
Electronic whereabouts monitoring requirement: general
Where a youth rehabilitation order imposes an electronic whereabouts monitoring requirement, the offender must (in particular)—
submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—
inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and
take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
Restrictions on imposing electronic whereabouts monitoring requirement
Where— the requirement may not be included in the order without that person’s consent.
it is proposed to include an electronic whereabouts monitoring requirement in a youth rehabilitation order, but
there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
A court may not include an electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless—
the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),
the offender can be fitted with any necessary apparatus under the arrangements currently available, and
any other necessary provision can be made under those arrangements, and
the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.
In this Schedule, a reference (however expressed) to an offender's breach of a requirement of a youth rehabilitation order is a reference to any failure of the offender to comply—
if the order imposes an attendance centre requirement, with rules made under section 394(1)(d) or (e) (attendance centre rules).
a requirement falling within any Part of Schedule 6 is of the same kind as any other requirement falling within that Part, and
an electronic monitoring requirement electronic compliance monitoring requirement is a requirement of the same kind as any other youth rehabilitation requirement to which it relates.
Sch.7 Pt.1(crossheading)(youth)(rehabilitation)(order)(subject)(to)(magistrates)(court)(supervision)
Youth rehabilitation order subject to magistrates' court supervision
“Crown Court youth rehabilitation order” means a youth rehabilitation order which—
does not include a direction under section 189 (power for Crown Court to direct magistrates' court supervision);
a youth rehabilitation order is “subject to magistrates' court supervision” if it—
Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is treated—
if it was made on an appeal from a magistrates' court, as having been made by a magistrates' court;
Duty to give warning or lay information relating to breach of order
This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a youth rehabilitation order.
the breach occurred during a warned period relating to an earlier breach of the order, and
during that warned period the offender had been given a further warning in relation to the order.
The responsible officer must cause an information to be laid before a justice of the peace in respect of that breach unless of the opinion that there are exceptional circumstances which justify not doing so.
cause an information to be laid before a justice of the peace in respect of that breach.
inform the offender that the offender will be liable to be brought before a court if the offender breaches a requirement of the order again—
if the warning is given during the warned period relating to an earlier breach of the order, during that warned period.
For the purposes of this paragraph, “warned period”, in relation to a breach of a requirement of the youth rehabilitation order, means the period of 12 months beginning with the date on which a warning is given under this paragraph in relation to the breach.
As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.
Sch.7 Pt.2(crossheading)(issue)(of)(summons)(or)(warrant)(by)(justice)(of)(the)(peace)
Issue of summons or warrant by justice of the peace
it appears on information to a justice of the peace that the offender has breached a requirement of the order.
issue a summons requiring the offender to appear at the place and time specified in it, or
if the information is in writing and on oath, issue a warrant for the offender's arrest.
A summons or warrant issued under this paragraph must direct the offender to appear or be brought—
in the case of a Crown Court youth rehabilitation order, before the Crown Court, and
if the offender is aged under 18, a youth court acting in the relevant local justice area, and
if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.
if it is not known where the offender resides, the offender's home local justice area.
If the summons required the offender to appear before the Crown Court, the Crown Court may—
if the summons was issued by a justice of the peace, issue a further summons requiring the offender to appear at the place and time specified in it, or
If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.
an offender appears or is brought before a youth court or other magistrates' court under paragraph 5, and
it is proved to the satisfaction of the court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,
If the youth rehabilitation order was made by the Crown Court, the court may instead— until the offender can be brought or appear before the Crown Court.
Where a court deals with the offender's case under sub-paragraph (3) it must send the Crown Court— and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.
a certificate signed by a justice of the peace certifying that the offender has breached the youth rehabilitation order in the respect specified in the certificate, and
Where the court deals with the case under this sub-paragraph, it may deal with the offender in respect of the breach in any one of the following ways—
by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;
In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.
Where the court— it may exercise the power in paragraph 15 (amendment by reason of change of residence) as if it were the appropriate court for the purposes of that paragraph.
Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the youth rehabilitation order if it is still in force.
An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (5)(c).
an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 6(3), and
it is proved to the satisfaction of that court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,
The Crown Court may deal with the offender in respect of that breach in any one of the following ways—
by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;
In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.
Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.
In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.
Restriction of powers in paragraphs 6 and 7 where treatment required
is required by a treatment requirement of the youth rehabilitation order to submit to treatment, and
The offender is not to be treated for the purposes of paragraph 6 or 7 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.
Sch.7 Pt.2(crossheading)(fines)(imposed)(under)(paragraphs)(6)(and)(7)
Fines imposed under paragraphs 6 and 7
A fine imposed under paragraph 6(5)(a) or 7(2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
Where— section 380 (order for payment by parent or guardian) applies to the fine.
a court is dealing with an offender for breach of a requirement of a youth rehabilitation order,
but for this sub-paragraph, the court would impose a fine under paragraph 6(5)(a) or 7(2)(a),
Powers in paragraphs 6 and 7 to impose other requirements: further provisions
the magistrates' court deals with the offender under paragraph 6(5)(b), or
Paragraphs 6(5)(b) and 7(2)(b) have effect subject to any provision that applies to the court in making a youth rehabilitation order as if the court were imposing the requirements on making the order. That is subject to the following provisions of this paragraph and to paragraph 11.
Subject to sub-paragraph (4), any requirement imposed under paragraph 6(5)(b) or 7(2)(b) must be capable of being complied with before the end date.
In dealing with an offender under paragraph 6(5)(b) or 7(2)(b) the court may substitute a later date for the end date.
subject to that, may be more than 3 years after the date on which the order took effect.
Once the power in sub-paragraph (4) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.
Where— the number of hours for which the offender may be required to work under the requirement (see paragraph 10(3) of Schedule 6) must not, in aggregate, be less than 20.
in dealing with the offender under paragraph 6(5)(b) or 7(2)(b), the court imposes an unpaid work requirement, and
the youth rehabilitation order does not already contain an unpaid work requirement,
The court may not under paragraph 6(5)(b) or 7(2)(b) impose— if the order does not already impose such a requirement.
the order includes a fostering requirement (the “original requirement”), and
under paragraph 6(5)(b) or 7(2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.
The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—
within 18 months beginning with the day on which the original requirement first took effect, and
Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance
the court is dealing with the offender under paragraph 6(5)(c) or 7(2)(c) for an offence, and
the offender has wilfully and persistently failed to comply with the youth rehabilitation order.
The court may impose a youth rehabilitation order with intensive supervision and surveillance even if—
the court is not of the opinion mentioned in section 180(2)(a) (custodial sentence otherwise appropriate).
If— the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (threshold for imposing discretionary custodial sentence).
the order is a youth rehabilitation order with intensive supervision and surveillance, and
If— the court's powers under paragraph 6(5)(c) or 7(2)(c) to deal with the offender for the offence include power to make a detention and training order for a term not exceeding 4 months.
the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (2), and
Sch.7 Pt.3(crossheading)(youth)(rehabilitation)(order)(subject)(to)(magistrates)(court)(supervision)
Youth rehabilitation order subject to magistrates' court supervision
a youth rehabilitation order subject to magistrates' court supervision is in force in respect of an offender,
the offender or the responsible officer makes an application to the appropriate court under this sub-paragraph.
if the offender is aged under 18 when the application under sub-paragraph (1) is made, a youth court acting in the offender's home local justice area, and
if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.
No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.
must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and
if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.
If it appears to the appropriate court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the appropriate court may—
re-sentence the offender for the offence in respect of which the order was made.
The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (5) include the offender's—
responding satisfactorily to supervision or treatment (as the case requires).
If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.
A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.
If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the appropriate court.
Sch.7 Pt.3(crossheading)(crown)(court)(youth)(rehabilitation)(order)
Crown Court youth rehabilitation order
This paragraph applies where a Crown Court youth rehabilitation order is in force and— makes an application to the Crown Court under this sub-paragraph.
No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.
must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and
if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.
If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—
re-sentence the offender for the offence in respect of which the order was made.
The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (4) include the offender's—
responding satisfactorily to supervision or treatment (as the case requires).
If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.
If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the Crown Court.
In this Part of this Schedule, “the appropriate court”, in relation to an application relating to a youth rehabilitation order, means—
if the offender is aged under 18 when the application is made, a youth court acting in the offender's home local justice area, and
if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area;
an application for the amendment of the order is made to the appropriate court by—
If the appropriate court is satisfied that the offender proposes to reside, or is residing, in a local justice area (a “new local justice area”) other than the offender's home local justice area for the time being specified in the order, the court— amend the youth rehabilitation order to specify the new local justice area as the offender's home local justice area. This is subject to paragraph 16.
must, if the responsible officer made the application under sub-paragraph (1)(b), or
The appropriate court may by order amend the youth rehabilitation order— This is subject to paragraph 17.
by cancelling any of the youth rehabilitation requirements of the order, or
by replacing any of those requirements with a youth rehabilitation requirement of the same kind which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.
Sch.7 Pt.4(crossheading)(exercise)(of)(powers)(under) para.152(further)(provision)
Exercise of powers under paragraph 15(2): further provision
an application has been made under paragraph 15(1)(b) in respect of a youth rehabilitation order, and
the court proposes to exercise its powers under paragraph 15(2) to specify a new local justice area in the order.
Sub-paragraphs (3) and (4) apply if the youth rehabilitation order contains one or more requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the area then specified as the offender's home local justice area (each, a “specific area requirement”).
The court may not amend the order under paragraph 15(2) to specify a new local justice area unless it also exercises the power in paragraph 15(3) (by cancelling or substituting each specific area requirement) so that the order can be complied with if the offender resides in the new local justice area.
If the application was made by the responsible officer, the court must exercise the power in paragraph 15(3) in that way unless it considers it inappropriate to do so.
Sub-paragraph (6) applies if the youth rehabilitation order imposes a programme requirement.
The court may not amend the order under paragraph 15(2) unless it is satisfied that a programme which— is available in the new local justice area.
corresponds as nearly as practicable to the programme specified in the order for the purposes of the programme requirement, and
Sch.7 Pt.4(crossheading)(exercise)(of)(powers)(under) para.153b(further)(provision)
Exercise of powers under paragraph 15(3)(b): further provision
Before exercising its powers under paragraph 15(3)(b) (replacing requirements of a youth rehabilitation order), the court must summon the offender to appear before it, unless—
replace any requirement of the youth rehabilitation order with one of a shorter duration, or
substitute a new local justice area or place for one specified in the order.
If the offender fails to appear in answer to a summons under sub-paragraph (1) the court may issue a warrant for the offender's arrest.
Any requirement imposed under paragraph 15(3)(b) must be capable of being complied with before the end date. This is subject to paragraph 18.
Any provision that applies to a court where it imposes a requirement on making a youth rehabilitation order applies also to the court where it imposes such a requirement under paragraph 15(3)(b). That is subject to the following provisions of this paragraph and paragraphs 18 and 19.
the order includes a fostering requirement (the “original requirement”), and
under paragraph 15(3)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.
The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—
within 18 months beginning with the day on which the original requirement first took effect, and
The court may not under paragraph 15(3)(b) impose— unless the offender has expressed willingness to comply with the requirement.
If the offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 15(3)(b), the court may—
re-sentence the offender for the offence in respect of which the order was made.
If the court deals with the offender under sub-paragraph (8)(b), it must take into account the extent to which the offender has complied with the requirements of the order.
The appropriate court may, on the application of— amend a youth rehabilitation order by substituting a later date for the end date.
must, before exercising its powers under this paragraph, summon the offender to appear before the court, and
if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.
subject to that, may be more than 3 years after the date on which the order took effect.
Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.
Sch.7 Pt.4(crossheading)(extension)(of)(unpaid)(work)(requirement)
Extension of unpaid work requirement
This paragraph applies where a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender.
The appropriate court may, on the application of— extend the period of 12 months specified in paragraph 10(1)(b) of Schedule 6, if it appears to the appropriate court to be in the interests of justice to do so having regard to circumstances which have arisen since the order was made.
must, before exercising its powers under this paragraph, summon the offender to appear before the court, and
if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.
Sch.7 Pt.5(crossheading)(powers)(of)(magistrates)(court)(following)(subsequent)(conviction)
Powers of magistrates' court following subsequent conviction
a youth rehabilitation order (“the existing youth rehabilitation order”) is in force in respect of an offender, and
the offender is convicted of an offence (the “further offence”) by a youth court or other magistrates' court (“the convicting court”).
the existing youth rehabilitation order is subject to magistrates' court supervision, and
the convicting court is dealing with the offender for the further offence.
If it appears to the convicting court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the convicting court may—
re-sentence the offender for the offence in respect of which the order was made.
Unless the offender is before it, the convicting court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.
If the offender fails to appear in answer to a summons under sub-paragraph (3) the court may issue a warrant for the offender's arrest.
If the convicting court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.
A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.
the existing youth rehabilitation order was made by the Crown Court but is subject to magistrates' court supervision, and
the convicting court would, but for this paragraph, deal with the offender for the further offence.
The convicting court may, instead of proceeding under paragraph 21— until the offender can be brought before the Crown Court.
Sub-paragraph (4) applies if the youth rehabilitation order is a Crown Court youth rehabilitation order.
The convicting court may— until the offender can be brought or appear before the Crown Court.
Where the convicting court deals with an offender's case under sub-paragraph (2) or (4), it must send the Crown Court such particulars of the case as may be desirable.
Unless the offender is before it, the convicting court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.
If the offender fails to appear in answer to a summons under sub-paragraph (6) the court may issue a warrant for the offender's arrest.
Sch.7 Pt.5(crossheading)(powers)(of)(crown)(court)(following)(subsequent)(conviction)
Powers of Crown Court following subsequent conviction
This paragraph applies where a youth rehabilitation order is in force in respect of an offender, and the offender—
having been committed by a magistrates' court to the Crown Court for sentence.
If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—
re-sentence the offender for the offence in respect of which the order was made.
Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.
If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest.
If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.
If the offender is brought or appears before the Crown Court by virtue of paragraph 22(2) or (4), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence.
In sub-paragraph (6), “further offence” and “the convicting court” have the meanings given by paragraph 20.
cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).
may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and
must, within that period, bring the offender before a youth court or, if the offender is aged 18 or over, a magistrates' court other than a youth court.
In the case of a warrant issued by the Crown Court, section 81(5) of the Senior Courts Act 1981 (duty to bring person before magistrates' court) does not apply.
A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.
This paragraph applies where the court before which the offender is brought under paragraph 24(2) (“the alternative court”) is not the relevant court.
section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the relevant court.
If the relevant court is the Crown Court, section 43A of the Magistrates' Courts Act 1980 (functions of magistrates' court where a person in custody is brought before it with a view to appearance before the Crown Court) applies as if, in subsection (1)—
the reference to section 81(5) of the Senior Courts Act 1981 were a reference to paragraph 24(2)(b).
If the offender is aged under 18, any power conferred by section 43A or 128 of the Magistrates' Courts Act 1980 to remand the offender in custody is to be taken to be a power to remand the offender to accommodation provided by or on behalf of a local authority.
If the court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides.
This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in any proceedings under this Schedule.
it must fix the time and place at which the hearing is to be resumed, and
the remand must require the offender to be brought before the court at that time and place.
Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—
if it does not do so, must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place of the resumed hearing—
if the offender is aged under 14, a parent or guardian of the offender, and
The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.
applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but
is not to be taken to affect the application of that section to hearings of any other description.
Sch.7 Pt.6(crossheading)(provision)(of)(copies)(of)(orders)(etc)
Provision of copies of orders etc
This paragraph applies on the making of an order by a court under this Schedule revoking or amending a youth rehabilitation order.
The court must forthwith provide copies of the revoking or amending order to—
if the offender is aged under 14, to the offender's parent or guardian, and
In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also forthwith provide a copy of the amending order to—
If the court amends the youth rehabilitation order by imposing or cancelling a requirement specified in column 1 of the table in sub-paragraph (6), it must also forthwith provide the person specified for that requirement in column 2 with a copy of so much of the amending order as relates to that requirement.
If the court revokes the youth rehabilitation order, for each requirement specified in column 1 of that table that the order imposed, the court must forthwith provide the person specified for that requirement in column 2 of that table with a copy of the revoking order.
If the youth rehabilitation order is revoked by a magistrates' court acting in a local justice area other than the offender's home local justice area, the court must forthwith provide a copy of the revoking order to a magistrates' court acting in the offender's home local justice area.
Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with 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.
Powers of court in England and Wales to make or amend a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
Making of youth rehabilitation order where offender will reside in Northern Ireland
a youth rehabilitation order is available to a court dealing with an offender, and
if a youth rehabilitation order is made, will reside there when the order takes effect.
it appears to the court that suitable arrangements for the offender's supervision can be made by—
Amendment of youth rehabilitation order where offender will reside in Northern Ireland
the appropriate court (within the meaning given in paragraph 14 of Schedule 7) is satisfied that the offender—
it appears to the court that suitable arrangements for the offender's supervision can be made by—
The power of the appropriate court to amend the order under Part 4 of Schedule 7 (“the amendment power”) includes power to amend the order by requiring—
the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 to 6.
Sch.8 Pt.2(crossheading)(requirements)(availability)(and)(restrictions)
Requirements: availability and restrictions
This Part of this Schedule applies where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.
The order must not impose a locally based requirement unless it appears to the court that—
arrangements exist for persons to comply with such a requirement in Northern Ireland, and
provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” means any of the following—
an electronic monitoring requirement an electronic compliance monitoring requirement.
The number of hours, days or months in respect of which any requirement of the order is imposed must not be greater than the number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.
Further provisions where offender resides or will reside in Northern Ireland
In a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule, Chapter 1 of this Part of this Code (youth rehabilitation orders) has effect as if—
any reference to the responsible officer were a reference to the person who is to be responsible for the offender's supervision under the order;
section 188 (offender's home local justice area to be specified in order) were omitted;
paragraphs 8(b), 11(1)(b) and 15(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement);
paragraph 23(4) (residence requirement: restriction on requiring residence at hostel or other institution);
paragraphs 32(1)(b) and (3) and 35(2)(a) and (3) (availability of requirements to be notified by Secretary of State: drug treatment and testing and electronic monitoring);
paragraph 44(2) and (3) (availability of requirements for electronic monitoring electronic compliance monitoring);
paragraph 48(2) (availability of requirements for electronic whereabouts monitoring;
in Part 5 of that Schedule (attendance centre requirement), any reference to an attendance centre were to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N. I. 9));
in paragraph 28 of that Schedule (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—
in Part 16 of that Schedule (education requirement) references to a relevant authority were to the Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.)).
This Part of this Schedule applies in a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.
Explanation to be given by court before order is made or amended
Before making or amending the youth rehabilitation order, the court must explain to the offender in ordinary language—
the requirements of the legislation in Northern Ireland relating to corresponding orders,
the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and
its own powers in relation to the youth rehabilitation order under Part 4 of this Schedule.
Sch.8 Pt.3(crossheading)(matters)(to)(be)(specified)(in)(the)(order)
Matters to be specified in the order
The youth rehabilitation order must specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland.
If the youth rehabilitation order is made by the Crown Court and includes a direction under section 189, the order must specify the youth court or other magistrates' court in England and Wales which is to be the relevant court in England and Wales for the purposes of this Schedule.
The court which makes or amends the youth rehabilitation order must forthwith—
provide each of the persons mentioned in sub-paragraph (2) with a copy of the order as made or amended, and
such other documents and information relating to the case as it considers likely to be of assistance to the home court.
if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority, and
the body which is to make suitable arrangements for the offender's supervision under the order.
“authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),
the reference to an offender who is looked after by an authority is to be construed in accordance with Article 25 of that Order, and
If the court— the court must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the youth rehabilitation order or amending order as relates to the requirement—
makes a youth rehabilitation order which imposes a requirement specified in column 1 of the following table, or
amends a youth rehabilitation order so as to impose or amend such a requirement,
This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.
Sch.8 Pt.4(crossheading)(duty)(of)(offender)(to)(keep)(in)(touch)(with)(relevant)(officer)
Duty of offender to keep in touch with relevant officer
must keep in touch with the relevant officer in accordance with any instructions the relevant officer may give the offender from time to time, and
This obligation has effect as if it were a youth rehabilitation requirement of the youth rehabilitation order.
Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction
Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before a court of summary jurisdiction.
Sch.8 Pt.4(crossheading)(effect)(of)(the)(youth)(rehabilitation)(order)(in)(northern)(ireland)
Effect of the youth rehabilitation order in Northern Ireland
The youth rehabilitation order is to be treated in Northern Ireland as if it were a corresponding order and the legislation which has effect in Northern Ireland in relation to such orders applies accordingly.
Sub-paragraph (1) is subject to the following provisions of this Part of this Schedule.
Powers of the home court in respect of the youth rehabilitation order
The home court may exercise any relevant local power in relation to the youth rehabilitation order, subject to the following restrictions.
A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the legislation that applies in Northern Ireland in relation to such orders.
But that does not prevent the home court from exercising a power to revoke the order where—
the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).
The home court may not deal with the offender for the offence in respect of which the youth rehabilitation order was made.
If the youth rehabilitation order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 18 of Schedule 6) that could not be specified by a court in England and Wales if, applying the relevant assumptions, it were imposing the requirement.
has just been convicted by or before the court in England and Wales of the offence in respect of which the youth rehabilitation order was made, but
The home court may require the offender to appear before the relevant court in England and Wales if sub-paragraph (2) or (3) applies.
This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate in Northern Ireland that the offender has breached one or more requirements of the order.
This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for any of the following powers to be exercised—
a power conferred by Part 3 of Schedule 7 (revocation of order with or without re-sentencing);
a power conferred by paragraph 15 of that Schedule (amendment by appropriate court).
Sch.8 Pt.4(crossheading)(breach)(of)(requirement)(certificate)(of)(home)(court)
Breach of requirement: certificate of home court
Where the home court requires the offender to appear before the relevant court in England and Wales by virtue of paragraph 17(2) (breach of a requirement of the order) the home court must send the court in England and Wales—
a certificate certifying that the offender has breached a requirement of the order specified in the certificate, and
A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the breach before the relevant court in England or Wales.
Powers of court in England or Wales where offender required to appear under paragraph 17
This paragraph applies where under paragraph 17 the home court requires the offender to appear before the relevant court in England and Wales.
The relevant court may exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales. This is subject to paragraph 20.
Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to the relevant officer.
the relevant court in England and Wales is exercising a power to amend a youth rehabilitation order by virtue of paragraph 19(3), and
The court may not amend the youth rehabilitation order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by—
The court may not amend the youth rehabilitation order to impose a locally based requirement unless it appears to the court that— For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.
arrangements exist for persons to comply with such a requirement in Northern Ireland, and
provision can be made for the offender to comply with the requirement under those arrangements.
The court may not— so that it is imposed in respect of more hours, days or months than the maximum number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.
The following apply in relation to the amendment of the youth rehabilitation order by virtue of paragraph 19(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—
For the purposes of this Schedule, in relation to a youth rehabilitation order—
In this Schedule “designated body” means a body designated for the purposes of this Part of this Schedule by the Secretary of State by regulations.
Regulations under sub-paragraph (2) are subject to the negative resolution procedure.
Sch.9 Pt.1(crossheading)(requirement)(and)(obligation)(of)(offender)
Requirement and obligation of offender
In this Code “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to—
Sch.9 Pt.1(crossheading)(number)(of)(hours)(of)(unpaid)(work)(to)(be)(specified)(in)(order)
Number of hours of unpaid work to be specified in order
The number of hours which a person may be required to work under an unpaid work requirement—
Sub-paragraph (1)(b)(i) is subject to paragraph 13(4) of Schedule 10 (breach of community order: power to impose unpaid work requirement).
makes relevant orders in respect of two or more offences of which the offender is convicted on the same occasion, and
The court may direct that the hours of work specified in any of those requirements is to be— those specified in any other of those orders. But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).
Sch.9 Pt.1(crossheading)(restriction)(on)(imposing)(unpaid)(work)(requirement)
Restriction on imposing unpaid work requirement
A court may not include an unpaid work requirement in a relevant order unless it is satisfied—
that the offender is a suitable person to perform work under such a requirement, and
that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the offender's home local justice area.
In making a decision under sub-paragraph (1)(a), the court must (if it thinks necessary) hear an officer of a provider of probation services.
Reduction in number of hours of work required by unpaid work requirement
the offender has performed the qualifying amount of work in relation to the requirement,
the responsible officer is of the view that the offender did not, during the period starting when the order was made and ending when the offender had first performed the qualifying amount of work (“the relevant period”), at any time fail without reasonable excuse to attend for work as required by the officer’s instructions, and
during the relevant period the responsible officer did not at any time ask the offender to leave a place of work on the grounds that the offender was not performing work as required by the officer’s instructions.
For the purposes of this paragraph “the qualifying amount of work”, in relation to an unpaid work requirement, is 25 per cent of the number of hours of work specified in the relevant order (including a fraction of an hour where necessary).
Where this paragraph applies, the number of hours that the offender may be required to work under the requirement is reduced by half an hour for every credit earning hour worked.
For the purposes of sub-paragraph (3), the offender works a credit earning hour where the offender performs a whole hour of work under the requirement at any time after the offender has performed the qualifying amount of work in relation to the requirement.
But if— any work performed by the offender at any time after that failure to attend or request to leave is not to count as all or part of a credit earning hour.
the responsible officer is of the view that the offender fails without reasonable excuse to attend for work as required by the officer’s instructions, or
the responsible officer asks the offender to leave a place of work on the grounds that the offender is not performing work as required by the officer’s instructions,
Where a relevant order is amended under paragraph 10(5)(b) or 11(2)(b) of Schedule 10, or under paragraph 13(1)(d)(i) of Schedule 16, so as to require the offender to perform additional hours of unpaid work—
the requirement to perform those additional hours is to be treated, for the purposes of this paragraph, as imposed under an additional unpaid work requirement that is separate from any unpaid work requirement included in the order before its amendment, and
sub-paragraph (3) does not apply in relation to that additional unpaid work requirement.
vary the amount for the time being specified in sub-paragraph (3) as the amount by which the number of hours required to be worked is reduced for each hour worked by the offender;
provide for restrictions, conditions or exclusions in relation to the application of the paragraph or the reduction in hours required to be worked that results from its application;
vary or remove any restrictions, conditions or exclusions provided for by virtue of paragraph (d).
may make consequential amendments (including amendments of primary legislation);
In this Code “rehabilitation activity requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any instructions given by the responsible officer to do either or both of the following—
The maximum number of days on which the offender may be instructed to participate in activities must be specified in the relevant order.
in relation to a community order, the period for which the community order remains in force, and
Sch.9 Pt.2(crossheading)(instructions)(given)(by)(responsible)(officer)
Instructions given by responsible officer
Any instructions given by the responsible officer pursuant to the rehabilitation activity requirement must be given with a view to promoting the offender's rehabilitation.
Sub-paragraph (1) does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.
The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else.
The responsible officer, when instructing the offender to participate in activities, may require the offender—
to participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities, or
to go to a specified place and, while there, comply with any instructions given by the person in charge of the place.
The references in sub-paragraph (4)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person's authority.
The activities that a responsible officer may instruct the offender to participate in include—
activities whose purpose is reparative, such as restorative justice activities.
For the purposes of sub-paragraph (6)(b), an activity is a restorative justice activity if—
the participants consist of, or include, the offender and any victim or victims,
the aim of the activity is to maximise the offender's awareness of the impact of the offending concerned on the victims, and
the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact.
In sub-paragraph (7) “victim” means a victim of, or other person affected by, the offending concerned.
Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer may give the instruction only if that person agrees.
In this Code “programme requirement”, in relation to a relevant order, means a requirement that the offender must—
in accordance with instructions given by the responsible officer participate in an accredited programme at a particular place, and
while at that place, comply with instructions given by, or under the authority of, the person in charge of the programme.
In this Code “accredited programme” means a programme that is for the time being accredited by the Secretary of State for the purposes of this paragraph.
Any programme that immediately before 1 May 2008 was accredited for the purposes of section 202 of the Criminal Justice Act 2003 is treated as accredited by the Secretary of State for the purposes of this paragraph.
the order must specify the number of days on which the offender is to be required to participate in an accredited programme under the requirement;
In this Code “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities—
Where the court makes a relevant order imposing a prohibited activity requirement, the following must be specified in the order—
the day or days on which, or the period for which, the offender must refrain from those activities.
A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.
Sch.9 Pt.4(crossheading)(restriction)(on)(imposing)(prohibited)(activity)(requirement)
Restriction on imposing prohibited activity requirement
A court may not include a prohibited activity requirement in a relevant order unless it has consulted an officer of a provider of probation services.
In this Code “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place.
Different places or different curfew periods may be specified for different days.
not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.
in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and
in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, 20 hours.
The specified curfew periods must fall within the relevant period beginning with the day on which the requirement first takes effect.
in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and
in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years.
Sch.9 Pt.5(crossheading)(requirements)(where)(court)(imposes)(curfew)(requirement)
Requirements where court imposes curfew requirement
Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified in the order.
That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there.
Where the court makes a relevant order imposing a curfew requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—
in the particular circumstances of the case, it considers it inappropriate to do so.
Sch.9 Pt.5(crossheading)(power)(of)(responsible)(officer)(to)(vary)(curfew)(requirement)
Power of responsible officer to vary curfew requirement
the order is in respect of an offence of which the offender was convicted on or after the day on which section 151 of the Police, Crime, Sentencing and Courts Act 2022 came into force,
The variation condition is met if, having regard to a change in the offender’s circumstances since the relevant order was made, it is appropriate to—
The responsible officer may, with the consent of the offender, give the offender notice (a “variation notice”) specifying—
the new start time of such of the curfew periods as are specified in the notice;
the new relevant place for such of the curfew periods as are so specified.
The effect of a variation notice is to vary the relevant order as specified in the notice, with effect from the date so specified.
A variation notice may specify different variations of the start time, or of the relevant place, for different days.
Before giving a variation notice containing provision pursuant to sub-paragraph (3)(b), the responsible officer must obtain and consider information about each place proposed to be specified in the notice.
That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there.
in a case where the relevant order includes a residence requirement under paragraph 13, vary the relevant place in a way that is inconsistent with that requirement;
the relevant order concerned includes an electronic compliance monitoring requirement imposed under paragraph 10(3) (a “monitoring requirement”), and
the responsible officer considers that, if the court had made the relevant order imposing the curfew requirement as varied by the variation, the court—
in relation to a community order, has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule);
in relation to a suspended sentence order, has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);
“curfew periods”, in relation to a relevant order, means the periods specified in the order under paragraph 9(2)(a);
“relevant place”, in relation to a curfew period, means the place specified under paragraph 9(2)(b) at which the offender is required to remain for that period;
“start time”, in relation to a curfew period, means the time at which the period is required to start pursuant to the relevant order.
In this Code “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”).
different prohibited places for different exclusion periods or different days.
the exclusion period must not be more than 2 years beginning with the day on which the requirement first takes effect;
if the order specifies more than one exclusion period, each of the exclusion periods must fall within that 2 year period.
Sch.9 Pt.6(crossheading)(requirement)(where)(court)(imposes)(exclusion)(requirement)
Requirement where court imposes exclusion requirement
Where the court makes a relevant order imposing an exclusion requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—
in the particular circumstances of the case, it considers it inappropriate to do so.
In this Code “residence requirement”, in relation to a relevant order, means a requirement that, for a particular period (“the required period”), the offender must reside—
if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.
if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.
A hostel or other institution may not be specified as the required place, except on the recommendation of an officer of a provider of probation services.
Sch.9 Pt.7(crossheading)(requirement)(where)(court)(imposes)(residence)(requirement)
Requirement where court imposes residence requirement
Before making a relevant order containing a residence requirement, the court must consider the home surroundings of the offender.
In this Code “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a particular day or days, or for a particular period, to a particular country or territory (or particular countries or territories) outside the British Islands.
A relevant order which imposes a foreign travel prohibition requirement must specify—
the day or days, or the period, for which the prohibition is to operate, and
A day specified under sub-paragraph (2)(a) must fall within the period of 12 months beginning with the day on which the requirement takes effect.
A period specified under that sub-paragraph may not exceed 12 months beginning with the day on which the requirement takes effect.
a particular country or territory outside the British Islands specified or described in the order,
all countries and territories outside the British Islands other than a country or territory specified or described in the order, or
In this Code “mental health treatment requirement”, in relation to a relevant order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be—
A relevant order which imposes a mental health treatment requirement must specify— but may not otherwise specify the nature of the treatment.
the period or periods during which the offender is required to submit to mental health treatment, and
if the mental health treatment is to be in-patient treatment, the care home or hospital at which it is to be provided;
if it is to be institution-based out-patient treatment, the institution or place at which it is to be provided;
if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;
While an offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a relevant order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of revocation or amendment of the order.
Sch.9 Pt.9(crossheading)(restrictions)(on)(imposing)(mental)(health)(treatment)(requirement)
Restrictions on imposing mental health treatment requirement
A court may not include a mental health treatment requirement in a relevant order unless the following conditions are met—
The need for treatment condition is that the court is satisfied that the mental condition of the offender—
does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.
The arrangements condition is that the court is satisfied that arrangements— for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to in-patient treatment (see paragraph 16(2)).
The consent condition is that the offender has expressed willingness to comply with the requirement.
Alternative arrangements for mental health treatment made by practitioner
an offender is being treated in pursuance of a mental health treatment requirement, and
the treatment practitioner considers that part of the treatment can be better or more conveniently given in or at an institution or place—
where the treatment will be given by or under the direction of a registered medical practitioner or registered psychologist.
The treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.
Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.
Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the relevant order.
the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender must submit in pursuance of the mental health treatment requirement, and
the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out.
In this Code “drug rehabilitation requirement”, in relation to a relevant order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender—
must submit to drug rehabilitation treatment, which may be resident treatment or non-resident treatment, and
for the purpose of ascertaining whether there is any drug in the offender's body during that period, must provide samples in accordance with directions given by—
Sub-paragraphs (4) to (7) apply to a relevant order which imposes a drug rehabilitation requirement.
The order may specify separate periods which together comprise the drug treatment and testing period.
The order must specify, for each treatment period— but must not otherwise specify the nature of the treatment.
if the treatment is to be resident treatment, the institution or place where it is to be provided;
if the order specifies separate periods under sub-paragraph (4), any of those periods;
must provide that if, by virtue of sub-paragraph (1)(b), the offender provides samples to a person other than the responsible officer, the results of tests carried out on the samples are to be communicated to the responsible officer;
may make further provision about the provision of samples by virtue of sub-paragraph (1)(b) (which may include provision that directions, or directions of particular kinds, are to be given only by the responsible officer or only by the treatment director).
The power for the responsible officer or treatment director to give directions by virtue of sub-paragraph (1)(b) about the provision of samples—
the times at which, or circumstances in which, they are to be provided,
is to be exercised in accordance with guidance issued by the Secretary of State.
The Secretary of State may revise any guidance issued under sub-paragraph (8)(c).
In this paragraph and paragraph 20 “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.
Sch.9 Pt.10(crossheading)(restriction)(on)(imposing)(drug)(rehabilitation)(requirement)
Restriction on imposing drug rehabilitation requirement
A court may not impose a drug rehabilitation requirement unless the following conditions are met—
The arrangements condition is that the court is satisfied that arrangements— for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to resident treatment (within the meaning given in paragraph 19(2)).
The suitability condition is that the requirement has been recommended to the court as being suitable for the offender by an officer of a provider of probation services.
The consent condition is that the offender expresses willingness to comply with the requirement.
Sch.9 Pt.10(crossheading)(drug)(rehabilitation)(requirement)(provision)(for)(review)(by)(court)
Drug rehabilitation requirement: provision for review by court
must include provision for review if the treatment and testing period is more than 12 months, and
for the requirement to be reviewed periodically at intervals of not less than one month,
for each review of the requirement to be made at a hearing held for the purpose by the responsible court (a “review hearing”),
requiring a written report on the offender's progress under the requirement to be made by an officer of a provider of probation services to the responsible court before each review hearing, and
the test results communicated to the responsible officer under paragraph 19(7) or otherwise, and
the views of the treatment provider as to the treatment and testing of the offender.
Paragraphs (b) and (c) of sub-paragraph (2) are subject to paragraph 22(6) (hearing not necessary for review).
In this paragraph, “the responsible court”, in relation to a relevant order imposing a drug rehabilitation requirement, means—
if a court is specified as the responsible court under sub-paragraph (5), that court;
Where— the court may specify in the order a magistrates' court which acts in the offender's home local justice area as the responsible court.
a magistrates' court makes a relevant order imposing a drug rehabilitation requirement, and
the area for which the court acts is not the offender's home local justice area,
For the purposes of sub-paragraph (4)(b), a relevant order imposing a drug rehabilitation requirement which is made on an appeal— is to be treated as having been made by the Crown Court.
a community order that qualifies for special procedures for the purposes of section 217A, or
a suspended sentence order that qualifies for special procedures for the purposes of section 293A.
Sch.9 Pt.10(crossheading)(periodic)(review)(of)(drug)(rehabilitation)(requirement)
Periodic review of drug rehabilitation requirement
This paragraph applies in relation to a relevant order which imposes a drug rehabilitation requirement that is subject to review.
At a review hearing the court may, after considering the officer's report referred to in paragraph 21(2)(d) (“the review officer's report”), amend the relevant order, so far as it relates to the drug rehabilitation requirement.
may not amend the drug rehabilitation requirement unless the offender expresses willingness to comply with the requirement as amended, and
except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.
If the offender fails to express willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—
revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and
must take into account the extent to which the offender has complied with the requirements of the order, and
may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).
Where at a review hearing the court— the court may amend the order so that it provides for each subsequent review to be made by the court without a hearing.
is of the opinion that the offender's progress under the requirement is satisfactory,
Where at a review without a hearing the court— the court may require the offender to attend a hearing of the court at a specified time and place.
is of the opinion that the offender's progress under the requirement is no longer satisfactory,
exercise the powers conferred by this paragraph as if the hearing were a review hearing, and
amend the order so that it provides for each subsequent review to be made at a review hearing.
In relation to a review without a hearing, a reference in this paragraph to the court is to be read—
in the case of a magistrates' court, as a reference to a justice of the peace.
If an officer of a provider of probation services is of the opinion that the order should be amended so as to provide for each subsequent review to be made— the officer must apply under paragraph 18 of Schedule 10 (amendment of requirements of community order) or paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) to the responsible court for the order to be amended.
In this Code, “drug testing requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must, for the purpose of ascertaining whether there is any drug or psychoactive substance in the offender’s body during that period, provide samples in accordance with directions given by the responsible officer.
must provide that if the offender provides samples to a person other than the responsible officer, the results of the tests carried out on the samples are to be communicated to the responsible officer;
may make provision about the provision of samples by virtue of sub-paragraph (1).
The power of the responsible officer to give directions by virtue of sub-paragraph (1) about the provision of samples—
the times at which, or circumstances in which, they are to be provided,
is to be exercised in accordance with guidance issued by the Secretary of State.
The Secretary of State may revise any guidance issued under sub-paragraph (3)(c).
Sch.9 Pt.10A(crossheading)(restrictions)(on)(imposing)(drug)(testing)(requirement)
Restrictions on imposing drug testing requirement
A court may not impose a drug testing requirement unless the following conditions are met—
The misuse condition is that the court is satisfied that the offender’s misuse of a drug or psychoactive substance—
caused or contributed to the offence to which the order relates or an associated offence, or
is likely to cause or contribute to the commission of further offences by the offender.
The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are available in the offender’s home local justice area (and the notice has not been withdrawn).
In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be—
Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement.
The order may specify separate periods comprising the period specified under sub-paragraph (1).
For each treatment period, the order must specify— but must not otherwise specify the nature of the treatment.
whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;
if it is to be resident treatment, the institution or place where it is to be provided;
if the order specifies separate periods under sub-paragraph (4), any of those periods;
Sch.9 Pt.11(crossheading)(restrictions)(on)(imposing)(alcohol)(treatment)(requirement)
Restrictions on imposing alcohol treatment requirement
A court may not impose an alcohol treatment requirement unless the following conditions are met—
The arrangements condition is that the court is satisfied that arrangements— for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to treatment as a resident.
The consent condition is that the offender expresses willingness to comply with the requirement.
In this Code “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement that, during a particular period (“the abstinence and monitoring period”), the offender— Paragraph (a) is subject to sub-paragraph (3).
not consume alcohol so that at any time during the abstinence and monitoring period there is more than a particular level of alcohol in the offender's body, and
must submit to monitoring in accordance with particular arrangements for the purpose of ascertaining whether the offender is complying with provision under paragraph (a).
A relevant order that includes an alcohol abstinence and monitoring requirement must specify—
if the order imposes a requirement falling within sub-paragraph (1)(a)(ii), the level of alcohol;
A relevant order that includes an alcohol abstinence and monitoring requirement may specify exceptions from any requirement imposed under sub-paragraph (1)(a); if it does so the requirement has effect subject to those exceptions.
if a minimum period is prescribed under sub-paragraph (7)(a), not less than that minimum period, and
The level of alcohol specified under sub-paragraph (2)(b) must be the level prescribed under sub-paragraph (7)(b).
The arrangements for monitoring specified under sub-paragraph (2)(c) must be consistent with those prescribed by regulations under sub-paragraph (7)(c).
by reference to the proportion of alcohol in any one or more of an offender's breath, blood, urine or sweat, or
Regulations under sub-paragraph (7) are subject to the negative resolution procedure.
In this paragraph and paragraph 26, “alcohol” includes anything containing alcohol.
Restriction on imposing alcohol abstinence and monitoring requirement
A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met—
the offender's consumption of alcohol is an element of the offence for which the order is to be imposed or of an associated offence, or
the court is satisfied that the offender's consumption of alcohol was a factor that contributed to the commission of that offence or to an associated offence.
The non-dependency condition is that the court is satisfied that the offender is not dependent on alcohol.
The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified in the relevant order are available in the offender's home local justice area (and the notice has not been withdrawn).
Attendance centre requirement : offenders convicted before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force
In this Code “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre for a particular number of hours.
A relevant order which imposes an attendance centre requirement must specify the aggregate number of hours for which the offender may be required to attend at an attendance centre
The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time.
the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender and any other circumstances, and
The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.
The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender's circumstances.
The offender may not be required under this paragraph to attend at an attendance centre—
A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, for that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—
in accordance with instructions given by, or under the authority of, that officer.
Sch.9 Pt.13(crossheading)(restriction)(on)(imposing)(attendance)(centre)(requirement)
Restriction on imposing attendance centre requirement
A court may not impose an attendance centre requirement in a relevant order unless the court—
has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description (and the notice has not been withdrawn), and
is satisfied that an attendance centre which is available for persons of the offender's description is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.
Sch.9 Pt.14(crossheading)(electronic)(compliance)(monitoring)(requirement)
Electronic compliance monitoring requirement
In this Code “electronic compliance monitoring requirement”, in relation to a relevant order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a period (“the monitoring period”)—
determined by the responsible officer in accordance with the relevant order.
Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the relevant order.
Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—
An electronic compliance monitoring requirement may not be imposed for securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement.
But that does not prevent an order which imposes an alcohol abstinence and monitoring requirement from including an electronic compliance monitoring requirement for securing the electronic monitoring of the offender's compliance with any other requirement.
Sch.9 Pt.14(crossheading)(electronic)(whereabouts)(monitoring)(requirement)
Electronic whereabouts monitoring requirement
In this Code “electronic whereabouts monitoring requirement”, in relation to a relevant order, means a requirement to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirement included in the order) during a period specified in the order.
Sch.9 Pt.14(crossheading)(electronic)(monitoring)(person)(responsible)(for)(monitoring)
Electronic monitoring: person responsible for monitoring
A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.
The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.
Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—
submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—
inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and
take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
Sch.9 Pt.14(crossheading)(restriction)(on)(imposing)(electronic)(monitoring)(general)
Restriction on imposing electronic monitoring: general
Where— the requirement may not be included in the order without that person's consent.
it is proposed to include in a relevant order an electronic monitoring requirement, but
there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
Restriction on imposing an electronic compliance monitoring requirement
A court may not include an electronic compliance monitoring requirement in a relevant order in respect of an offender unless—
the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and
the court is satisfied that the necessary provision can be made under those arrangements.
In the case of a relevant order containing— the relevant area is the area in which the place proposed to be specified in the order is situated. For this purpose, “place”, in relation to an exclusion requirement, has the same meaning as in paragraph 11.
In the case of a relevant order containing an attendance centre requirement, the relevant area is an area in which there is an attendance centre which is available for persons of the offender's description and which the court is satisfied is reasonably accessible to the offender.
In the case of any other relevant order, the relevant area is the local justice area proposed to be specified in the order.
Restriction on imposing electronic whereabouts monitoring requirement
A court may not include an electronic whereabouts monitoring requirement in a relevant order in respect of an offender unless—
the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),
the offender can be fitted with any necessary apparatus under the arrangements currently available, and
the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
Sch.10 Pt.1(crossheading)(meaning)(of)(particular)(expressions)(relating)(to)(an)(order)
Meaning of particular expressions relating to an order
In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.
In this Schedule, “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.
An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
Community order subject to magistrates' court supervision and Crown Court order
a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;
a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.
A community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.
Sch.10 Pt.2(crossheading)(duty)(to)(give)(warning)(or)(refer)(matter)(to)(enforcement)(officer)
Duty to give warning or refer matter to enforcement officer
This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a community order.
If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any requirement of the order, the officer must refer the matter to an enforcement officer.
inform the offender that if the offender again breaches a requirement of the order within the period of 12 months beginning with the date on which the warning was given, the offender will be liable to be brought before a court.
As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.
Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—
where appropriate, cause an information to be laid in respect of the offender's breach of requirement—
in the case of a community order subject to magistrates' court supervision, before a justice of the peace;
Sch.10 Pt.2(crossheading)(issue)(of)(summons)(or)(warrant)(by)(justice)(of)(the)(peace)
Issue of summons or warrant by justice of the peace
a community order subject to magistrates' court supervision is in force, and
it appears on information to a justice of the peace that the offender has breached a requirement of the order.
issue a summons requiring the offender to appear at the place and time specified in it, or
if the information is in writing and on oath, issue a warrant for the offender's arrest.
A summons or warrant issued under this paragraph must direct the offender to appear or be brought—
in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, before that court, ...
in the case of a community order that qualifies for special procedures for the purposes of section 217A, before the court that made the order, or
if it is not known where the offender resides, the offender's home local justice area.
Where— the magistrates' court may issue a warrant for the arrest of the offender.
a summons is issued under this paragraph requiring the offender to appear before a magistrates' court, and
Sch.10 Pt.2(crossheading)(issue)(of)(summons)(or)(warrant)(by)(crown)(court)
Issue of summons or warrant by Crown Court
it appears on information to the Crown Court that the offender has breached a requirement of the order.
issue a summons requiring the offender to appear at the place and time specified in it, or
if the information is in writing and on oath, issue a warrant for the offender's arrest.
A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.
Sch.10 Pt.2(crossheading)(issue)(of)(summons)(or)(warrant)(after)(review)(hearing)
Issue of summons or warrant after review hearing
on a review hearing under section 217B a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, and
the court does not deal with the case forthwith by virtue of section 217B(5).
issue a summons requiring the offender to appear at the place and time specified in it, or
A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.
an offender appears or is brought before a magistrates' court under paragraph 8 or 9A or by virtue of section 217B(5), and
it is proved to the satisfaction of the court that the offender has breached a requirement of the community order without reasonable excuse.
But if the community order was made by the Crown Court, the court may instead— until the offender can be brought or appear before the Crown Court.
If the court deals with the offender's case under sub-paragraph (3), it must send the Crown Court— and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.
a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and
Where the court deals with the case under this sub-paragraph, it must deal with the offender in respect of the breach in any one of the following ways—
by amending the terms of the community order so as to impose more onerous requirements which the court could include if it had just convicted the offender of the offence in respect of which the order was made and were then making the order;
if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
if the community order was made by a magistrates' court, by re-sentencing the offender for the offence in respect of which the order was made.
Where the court deals with the case under sub-paragraph (5), the criminal courts charge duty (see section 46) applies to the court.
In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the community order.
A fine imposed under sub-paragraph (5)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.
Where— the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).
the offender has wilfully and persistently breached the requirements of the community order, and
Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the community order if it is still in force.
A person sentenced under sub-paragraph (5)(c) for an offence may appeal to the Crown Court against—
an offender appears or is brought before the Crown Court under paragraph 9 or 9A or by virtue of paragraph 10(3) or section 217B(5), and
it is proved to the satisfaction of that court that the offender has breached a requirement of the community order without reasonable excuse.
The Crown Court must deal with the offender in respect of the breach in any one of the following ways—
by ordering the offender to pay a fine of an amount not exceeding £2,500;
by amending the terms of the community order so as to impose more onerous requirements which the Crown Court could include if the offender had just been convicted of the offence in respect of which the order was made and it were then making the order;
if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
by re-sentencing the offender for the offence in respect of which the order was made.
Where the court deals with the case under sub-paragraph (2), the criminal courts charge duty (see section 46) applies to the court.
In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the community order.
A fine imposed under sub-paragraph (2)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.
Where— the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).
the offender has wilfully and persistently breached the requirements of the community order, and
Where the Crown Court deals with the offender under sub-paragraph (2)(c), it must revoke the community order if it is still in force.
In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the community order is to be determined by the court and not by the verdict of a jury.
Sch.10 Pt.2(crossheading)(treatment)(requirement)(reasonable)(refusal)(to)(undergo)(treatment)
Treatment requirement: reasonable refusal to undergo treatment
is required by a treatment requirement of the community order to submit to treatment, and
The offender is not to be treated for the purposes of paragraph 10 or 11 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.
Powers in paragraphs 10 and 11 to impose more onerous requirements: further provision
In dealing with an offender under paragraph 10(5)(b) or 11(2)(b), the court may—
extend the duration of particular requirements, subject to any limit imposed by Schedule 9;
Once the power in sub-paragraph (1)(b) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.
Where— the number of hours for which the offender may be required to work under the requirement (see paragraph 2(1) of Schedule 9) must not, in aggregate, be less than 20.
in dealing with the offender under paragraph 10(5)(b) or 11(2)(b), the court imposes an unpaid work requirement,
Paragraphs 10(5)(b) and 11(2)(b) (power to impose more onerous requirements) have effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.
Power under paragraphs 10 and 11 to commit to prison: further provision
an order under paragraph 10(5)(ba) or 11(2)(ba) must be for committal to a young offender institution instead of to prison, but
the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
A person committed to prison or a young offender institution by an order under paragraph 10(5)(ba) or 11(2)(ba) is to be regarded as being in legal custody.
No more than three orders under paragraph 10(5)(ba) or 11(2)(ba) may be made in relation to the same community order.
Sch.10 Pt.3(crossheading)(community)(order)(subject)(to)(magistrates)(court)(supervision)
Community order subject to magistrates' court supervision
This paragraph applies where a community order subject to magistrates' court supervision is in force, and applies to the appropriate magistrates' court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.
in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, that court, ...
if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order, and
in any other case, a magistrates' court acting in the offender's home local justice area.
No application may be made under this paragraph while an appeal against the community order is pending.
Unless the application was made by the offender, the appropriate magistrates' court—
must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and
if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.
If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may—
re-sentence the offender for the offence in respect of which the order was made.
The circumstances in which a community order may be revoked under sub-paragraph (5) include the offender's—
responding satisfactorily to supervision or treatment (as the case requires).
If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.
A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.
This paragraph applies where a Crown Court community order is in force and— applies to the Crown Court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.
No application may be made under this paragraph while an appeal against the community order is pending.
must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and
if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.
If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—
re-sentence the offender for the offence in respect of which the order was made.
The circumstances in which a community order may be revoked under sub-paragraph (4) include the offender's—
responding satisfactorily to supervision or treatment (as the case requires).
If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the order.
the order does not contain provision for review within the meaning of section 217A (review of community order qualifying for special procedures),
in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement,
in a case where the order imposes one or more other community order requirements listed in section 201 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and
in a case where a sentence plan has been prepared for the offender, the responsible officer—
considers that the offender has met the objectives set out in the plan, and
The community order terminates on the date specified by the responsible officer to the offender.
In this paragraph “sentence plan”, in relation to an offender to whom a community order relates, means a plan prepared by the responsible officer which sets out—
any objectives to be met by the offender for the purposes of the order, and
If section 38 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.
Sch.10 Pt.4(crossheading)(amendment)(because)(of)(change)(of)(residence)
Amendment because of change of residence
This paragraph applies where at any time while a community order is in force—
the offender is given permission under section 216 to change residence, and
the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.
If the permission is given by a court, the court must amend the order to specify the new local justice area as the offender's home local justice area.
the officer must give notice to the appropriate court of the permission, and
This paragraph applies where at any time while a community order is in force—
the order as amended includes a residence requirement requiring the offender to reside at a specified place, and
the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.
The court must amend the order to specify the new local justice area as the offender's home local justice area.
Amendment because of variation of curfew requirement by responsible officer
This paragraph applies where at any time the responsible officer gives— to the appropriate court under paragraph 10A of Schedule 9.
The appropriate court must amend the order to reflect the effect of the variation notice.
Sch.10 Pt.4(crossheading)(amendment)(of)(requirements)(of)(community)(order)
Amendment of requirements of community order
The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend a community order—
by replacing any of those requirements with a requirement of the same kind which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.
requirements are of the same kind if they fall within the same entry in column 1 of the table in section 201, and
an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.
No application may be made under this paragraph while an appeal against the community order is pending, other than an application which—
is made by an officer of a provider of probation services with the offender's consent.
Before exercising its powers under this paragraph, the court must summon the offender to appear before it, unless—
If the offender fails to appear in answer to a summons under sub-paragraph (4) the court may issue a warrant for the offender's arrest.
Sub-paragraph (1)(b) has effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.
The court may not under this paragraph amend a treatment requirement unless the offender expresses willingness to comply with the requirement as amended.
If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—
re-sentence the offender for the offence in respect of which the order was made.
must take into account the extent to which the offender has complied with the requirements of the order, and
may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).
Sch.10 Pt.4(crossheading)(amendment)(of)(treatment)(requirement)(on)(report)(of)(practitioner)
Amendment of treatment requirement on report of practitioner
This paragraph applies where an offender is being treated in pursuance of a treatment requirement and the treatment practitioner—
the treatment of the offender should be continued beyond the period specified in the order,
is for any reason unwilling to continue to treat or direct the treatment of the offender.
The treatment practitioner must make a report in writing to that effect to the responsible officer.
The responsible officer must cause an application to be made under paragraph 18 to the appropriate court for the replacement or cancellation of the requirement.
In this paragraph, “the treatment practitioner”, in relation to a treatment requirement, means—
the medical practitioner or other person specified in the community order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or
in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.
The appropriate court may, on the application of— amend a community order by substituting a later date for the end date.
must, before exercising its powers under this paragraph, summon the offender to appear before the court, and
if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.
Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.
No application may be made under this paragraph while an appeal against the community order is pending.
Sch.10 Pt.5(crossheading)(powers)(of)(magistrates)(court)(following)(subsequent)(conviction)
Powers of magistrates' court following subsequent conviction
a community order (“the existing community order”) is in force in respect of an offender, and
the offender is convicted of an offence by a magistrates' court (“the present court”).
This paragraph applies if the existing community order was made by a magistrates' court.
If it appears to the present court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the present court may—
re-sentence the offender for the offence in respect of which the order was made.
Unless the offender is before it, the present court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.
If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.
If the present court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.
A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.
This paragraph applies if the existing community order was made by the Crown Court.
The present court may— until the offender can be brought before the Crown Court.
Unless the offender is before it, the present court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.
If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.
Where the present court deals with the case under this paragraph, it must send the Crown Court such particulars of the case as may be desirable.
Sch.10 Pt.5(crossheading)(powers)(of)(crown)(court)(following)(subsequent)(conviction)
Powers of Crown Court following subsequent conviction
This paragraph applies where a community order is in force in respect of an offender, and the offender—
having been committed by a magistrates' court to the Crown Court for sentence.
If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the community order was made, the Crown Court may—
re-sentence the offender for the offence in respect of which the order was made.
Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.
If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest.
If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.
This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule.
it must fix the time and place at which the hearing is to be resumed, and
that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.
Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—
it may fix the time and place at which the hearing is to be resumed, but
if it does not do so, it must not resume the hearing unless it is satisfied that— have had adequate notice of the time and place for the resumed hearing.
any officer of a provider of probation services who the court considers has an interest in the proceedings,
The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.
applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but
is not to be taken to affect the application of that section to hearings of any other description.
Sch.10 Pt.6(crossheading)(provision)(of)(copies)(of)(orders)(etc)
Provision of copies of orders etc
This paragraph applies on the making of an order by a court under this Schedule revoking or amending a community order.
In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—
a provider of probation services that is a public sector provider operating in that area, and
In case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.
Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the revocation or amendment (the “former home area”), the court must provide a copy of the revoking or amending order to a magistrates' court acting in the former home area.
Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with 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.
Sch.11 Pt.1(crossheading)(making)(of)(community)(order)(where)(offender)(will)(reside)(in)(scotland)
Making of community order where offender will reside in Scotland
if a community order is made, will reside there when the order comes into force.
it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and
Amendment of community order where offender will reside in Scotland
the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—
it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.
The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—
the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 and 5.
Sch.11 Pt.1(crossheading)(requirements)(availability)(and)(restrictions)
Requirements: availability and restrictions
Paragraphs 4 and 5 apply where a court makes or amends a community order in accordance with this Part of this Schedule.
The order must not impose a locally based requirement unless it appears to the court that—
arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and
provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” means any of the following—
Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule
Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—
any reference to the responsible officer were a reference to the local authority officer concerned;
paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);
in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—
Making of community order where offender will reside in Northern Ireland
if a community order is made, will reside there when the order comes into force.
it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and
Amendment of community order where offender will reside in Northern Ireland
the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—
it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.
The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—
the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 10 to 12.
Sch.11 Pt.2(crossheading)(requirements)(availability)(and)(restrictions)
Requirements: availability and restrictions
Paragraphs 10 to 12 apply where a court makes or amends a community order in accordance with this Part of this Schedule.
The order must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—
any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
The order must not impose a locally based requirement unless it appears to the court that—
arrangements exist for persons to comply with such a requirement in Northern Ireland, and
provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” means any of the following—
an attendance centre requirement , where such a requirement is available (see section 207(3));
an electronic compliance monitoring requirement , where such a requirement is available (see section 207(4)).
Further provision where offender resides or will reside in Northern Ireland
Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—
any reference to the responsible officer were a reference to the probation officer concerned;
paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
paragraphs 34 and 35 (electronic requirements not to be imposed unless Secretary of State has notified arrangements etc);
in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—
in Part 13 of that Schedule (attendance centre requirement), any reference to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
This Part of this Schedule applies in a case where a court in England and Wales makes or amends a community order in accordance with Part 1 or 2 of this Schedule.
Explanation to be given by court before order is made or amended
Before making or amending the community order, the court must explain to the offender in ordinary language—
the requirements of the legislation relating to corresponding orders which has effect in Scotland or Northern Ireland (as the case may be),
the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and
its own powers in relation to the community order (see Part 4 of this Schedule).
Sch.11 Pt.3(crossheading)(matters)(to)(be)(specified)(in)(the)(order)
Matters to be specified in the order
the locality in Scotland in which the offender resides or will be residing at the relevant time, or
that the offender resides in Northern Ireland or will be residing there at the relevant time.
Sub-paragraph (1) has effect in place of section 210 (offender's home local justice area to be specified).
The community order must specify an order as the corresponding order for the purposes of this Schedule.
in the case of a Northern Ireland community order, by a court in Northern Ireland.
A Scottish community order which specifies as the corresponding order a community payback order within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 must also specify the appropriate court for the purposes of sections 227A to 227ZK of that Act.
must be a court of summary jurisdiction having jurisdiction in the locality specified under sub-paragraph (1)(a), and
must, in the case of an offender convicted on indictment, be the sheriff court.
forthwith provide the offender with a copy of the order as made or amended, and
such other documents and information relating to the case as it considers likely to be of assistance to the home court.
Where the court— it must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the community order or amending order as relates to that requirement.
makes a community order which imposes a requirement specified in column 1 of the table in sub-paragraph (3), or
This paragraph has effect in place of section 212 (provision of copies of relevant orders).
This Part of this Schedule applies where a community order has effect as made or amended in accordance with Part 1 or 2 of this Schedule.
Sch.11 Pt.4(crossheading)(duty)(to)(keep)(in)(touch)(with)(responsible)(officer)
Duty to keep in touch with responsible officer
The offender must keep in touch— in accordance with such instructions as the officer may give the offender from time to time.
with the local authority officer concerned, in the case of a Scottish community order, or
with the probation officer concerned, in the case of a Northern Ireland community order,
That obligation is enforceable as if it were a requirement imposed by the community order.
Order to be treated as corresponding order in certain circumstances
in relation to a Scottish community order, means the legislation relating to corresponding orders that has effect in Scotland;
in relation to a Northern Ireland community order, means the legislation relating to corresponding orders that has effect in Northern Ireland.
This paragraph is subject to the following provisions of this Part of this Schedule.
Exercise by home court of powers relating to corresponding orders
The home court may exercise any relevant local power in relation to the community order, subject to the following restrictions.
A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the relevant home legislation.
But that does not prevent the home court from exercising a power to revoke the order where—
the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).
The home court may not deal with the offender for the offence in respect of which the community order was made.
If the order imposes an unpaid work requirement, the home court may not vary the order so as to specify a greater number of hours in relation to the requirement than the court which made the order could specify, applying the relevant assumptions.
If the order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 9 of Schedule 9) that the court which made the order could not specify, applying the relevant assumptions.
For the purposes of sub-paragraphs (6) and (7), the relevant assumptions are that—
the offender has just been convicted by or before it of the offence in respect of which the community order was made.
Power of home court to require offender to appear before court in England and Wales
Where the home court is of the opinion that— the home court may require the offender to appear before the court which made the order or which last amended the order in England and Wales.
it would be in the interests of justice for a power conferred by Part 3 of Schedule 10 (revocation of order with or without re-sentencing) to be exercised,
The court may form an opinion within sub-paragraph (1)(a) for the purposes of this paragraph only—
on information from the local authority officer concerned, if the home court is in Scotland, or
upon a complaint being made to a lay magistrate, if the home court is in Northern Ireland.
The court may form an opinion within sub-paragraph (1)(b) for the purposes of this paragraph only on the application—
the local authority officer concerned, if the home court is in Scotland;
the probation officer concerned, if the home court is in Northern Ireland.
Sch.11 Pt.4(crossheading)(home)(court)(to)(certify)(breach)(of)(requirement)
Home court to certify breach of requirement
Where the home court requires the offender to appear before a court in England and Wales by virtue of paragraph 22(1)(a) (breach of a requirement of the order), the home court must send the court in England and Wales—
a certificate certifying that the offender has breached a requirement of the community order specified in the certificate, and
A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court is admissible as evidence of the breach before the court in England and Wales.
Powers of court in England and Wales where offender required to appear under paragraph 22
This paragraph applies where under paragraph 22 the home court requires the offender to appear before a court in England and Wales.
The court in England and Wales may issue a warrant for the offender's arrest.
The court in England and Wales may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales. This is subject to paragraphs 25 and 26.
Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to—
the local authority officer concerned, in the case of a Scottish community order;
the probation officer concerned, in the case of a Northern Ireland community order.
a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and
The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.
The court may not amend the community order to impose a locally based requirement unless it appears to the court that— For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.
arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and
provision can be made for the offender to comply with the requirement under those arrangements.
The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—
a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and
The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.
The court may not amend the community order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—
any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
The court may not amend the community order to impose a locally based requirement unless it appears to the court that— For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 12.
arrangements exist for persons to comply with such a requirement in Northern Ireland, and
provision can be made for the offender to comply with the requirement under those arrangements.
The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 2 of this Schedule—
Breach of supervision requirement: issue of summons or warrant by justice of the peace
a detention and training order, or a further supervision order, is in force in respect of an offender, and
it appears on information to a justice of the peace that the offender has breached any of the supervision requirements imposed under the order.
may issue a summons requiring the offender to appear at the place and time specified in the summons, or
if the information is in writing and on oath, may issue a warrant for the offender's arrest.
Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—
before a youth court acting for the local justice area in which the offender resides, or
if it is not known where the offender resides, before a youth court acting for same local justice area as the justice who issued the summons or warrant.
Power of youth court to deal with offender for breach of supervision requirement
Sub-paragraph (2) applies if it is proved to the satisfaction of the youth court before which an offender appears or is brought under paragraph 2 that the offender has breached a supervision requirement imposed under a relevant order.
order the offender to be detained for such period, not exceeding the maximum period found under sub-paragraph (3), as the court may specify,
order the offender to be subject to such period of supervision, not exceeding the maximum period found under sub-paragraph (3), as the court may specify, or
impose on the offender a fine not exceeding level 3 on the standard scale.
The maximum period referred to in sub-paragraph (2)(a) and (b) is the shorter of—
For the purposes of sub-paragraph (3), a breach that is found to have occurred— is to be taken to have occurred on the first of those days.
A court may make an order under sub-paragraph (2) before or after the end of the term of the relevant order.
A period of detention or supervision ordered under sub-paragraph (2)— This is subject to paragraph 5(1) (further detention order made where offender detained under other detention and training order).
may overlap to any extent with the period of supervision under the relevant order.
An offender detained under a further detention order is deemed to be in legal custody.
otherwise, to be in such youth detention accommodation as the Secretary of State may determine.
Where— section 380 (order for payment by parent or guardian) applies to the fine.
but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(c),
A fine imposed under sub-paragraph (2)(c) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
An offender may appeal to the Crown Court against any order made under sub-paragraph (2).
in the case of a detention and training order, to the term of the order, and
in the case of a further supervision order, to the period of supervision imposed by the order.
Sch.12(crossheading)(supervision)(where)(order)(made)(under) para.32b
Supervision where order made under paragraph 3(2)(b)
This paragraph applies where an offender is subject to a period of supervision by virtue of a further supervision order.
Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.
as soon as reasonably practicable after the further supervision order is made, and
Where the supervision is to be provided by an officer of a provider of probation services, that officer must be an officer acting in the local justice area within which the offender resides for the time being.
Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.
Interaction of further detention order with other detention and training orders
Where— the court may order that the further detention order is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order mentioned in paragraph (b).
a court makes a further detention order for a failure to comply with a supervision requirement under a detention and training order, and
is also subject to a different detention and training order which is a relevant detention and training order (see section 248(3)), and
has not at any time been released for supervision under that other order,
Subject to sub-paragraph (3), where at any time an offender is subject concurrently to— the offender is to be treated for the purposes of sections 241 to 243 and this Schedule as if subject only to the detention and training order.
Nothing in sub-paragraph (2) requires the offender to be released in respect of either the relevant detention and training order or the further detention order unless and until the offender is required to be released in respect of each of them.
Sch.12(crossheading)(interaction)(of)(further)(detention)(order)(with)(other)(custodial)(sentences)
Interaction of further detention order with other custodial sentences
The Secretary of State may by regulations make provision about the interaction between a further detention order and a custodial sentence where—
an offender who is subject to a further detention order becomes subject to a custodial sentence, or
an offender who is subject to a custodial sentence becomes subject to a further detention order.
The provision that may be made by regulations under this paragraph includes—
provision as to the time at which the further detention order or the custodial sentence is to take effect;
provision for the offender to be treated, for the purposes of the enactments specified in the regulations, as subject only to the further detention order or the custodial sentence;
provision about the effect of enactments relating to the person's release from detention or imprisonment in a case where that release is not to take effect immediately by virtue of provision in the regulations.
Regulations under this paragraph are subject to the negative resolution procedure.
Offence after release for supervision or during further supervision period
This paragraph applies where an offender commits an imprisonable offence (“the new offence”)—
after having been released for supervision under a detention and training order but before the date on which the term of the order ends, or
The court which deals with the offender for the new offence may order the offender to be detained for all or part of the period mentioned in sub-paragraph (3).
the date on which the term of the detention and training order, or the period of supervision, mentioned in sub-paragraph (1) ends.
A court may make an order under sub-paragraph (2) whether or not it passes any other sentence on the offender.
Detention under sub-paragraph (2) is to be in such youth detention accommodation as the Secretary of State may determine.
The period for which an offender is ordered under sub-paragraph (2) to be detained—
must, as the court may direct— any sentence imposed for the new offence, and
in either case, is to be disregarded in determining the appropriate length of that sentence.
Where the new offence is found to have been committed— it is be taken for the purposes of this paragraph to have been committed on the last of those days.
A person detained under an order under sub-paragraph (2) is deemed to be in legal custody.
section 19 (failure to disclose professional belief or suspicion about terrorist offences);
section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);
section 39 (disclosure of information prejudicial to a terrorist investigation etc);
Sch.13 Pt.1(crossheading)(antiterrorism)(crime)(and)(security)(act)(2001)
Anti-terrorism, Crime and Security Act 2001
An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).
section 10 (misuse of radioactive device or material for terrorist purposes etc);
An offence under any of the following provisions of the Counter-Terrorism Act 2008—
Sch.13 Pt.1(crossheading)(terrorism)(prevention)(and)(investigation)(measures)(2011)
Terrorism Prevention and Investigation Measures 2011
An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).
Sch.13 Pt.1(crossheading)(counterterrorism)(and)(security)(act)(2015)
Counter-Terrorism and Security Act 2015
An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).
An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
An abolished offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
“Abolished offence”, in relation to an offence (“the current offence”), means an offence that—
would, if committed on the day on which the offender is or was convicted, have constituted the current offence.
The relevant date is 13 April 2015, unless sub-paragraph (4) or (5) applies.
paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),
If the current offence is within— the relevant date is the date on which section 21 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),
Sch.13 Pt.1(crossheading)(offences)(connection)(with)(terrorism)
Offences connection with terrorism
An offence, other than one for which the sentence is fixed by law as life imprisonment, which is determined to have a terrorist connection under section 69.
An offence under either of the following provisions of the Sexual Offences Act 2003—
An abolished offence in relation to an offence specified in either of the preceding paragraphs of this Part of this Schedule.
“Abolished offence”, in relation to an offence (“the current offence”), means an offence that—
would, if committed on the day on which the offender is or was convicted, have constituted the current offence.
Official Secrets Act 1911
An offence under section 1 of the Official Secrets Act 1911 (spying).
Official Secrets Act 1920
An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.
National Security Act 2023
An offence under any of the following provisions of the National Security Act 2023—
section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);
section 17 (obtaining etc material benefits from a foreign intelligence service);
section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);
section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);
section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);
section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).
Certain electoral offences where foreign power condition met
An offence— other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.
to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and
in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,
Inchoate offences
An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
Certain other offences where foreign power condition met
An offence, other than one for which the sentence is fixed by law as life imprisonment—
which is punishable on indictment with imprisonment for more than 2 years, and
where it is determined under section 69A that the foreign power condition is met in relation to the conduct that constitutes the offence.
Sch.14 Pt.1(crossheading)(offences)(against)(the)(person)(act)(1861)
Offences against the Person Act 1861
An offence under any of the following sections of the Offences against the Person Act 1861—
An offence under any of the following provisions of the Explosive Substances Act 1883—
section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
section 4 (making or possession of explosive under suspicious circumstances).
An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.
Sch.14 Pt.1(crossheading)(protection)(of)(children)(act)(1978)
Protection of Children Act 1978
An offence under section 1 of the Protection of Children Act 1978 (indecent images of children).
section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life.
Sch.14 Pt.1(crossheading)(antiterrorism)(crime)(and)(security)(act)(2001)
Anti-terrorism Crime and Security Act 2001
An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
section 113 (use of noxious substance or thing to cause harm or intimidate).
An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—
Sch.14 Pt.1(crossheading)(domestic)(violence)(crime)(and)(victims)(act)(2004)
Domestic Violence, Crime and Victims Act 2004
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).
section 10 (misuse of radioactive devices or material and misuse and damage of facilities);
section 11 (terrorist threats relating to radioactive devices, materials or facilities).
An offence under either of the following provisions of the Modern Slavery Act 2015—
An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
would, if committed on the day on which the offender is convicted of the offence referred to in section 267(1)(a) or 280(1)(a) (as appropriate), have constituted an offence specified in any of the preceding paragraphs in this Part of this Schedule.
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 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.
An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule.
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.
A civilian offence for which the person was convicted in Scotland or Northern Ireland and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.
PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE
A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.
A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.
In this Schedule “imprisonment for life” includes custody for life and detention for life.
would, if committed when the index offence was committed, have constituted an offence specified in Part 1 of this Schedule.
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 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 or 2 of this Schedule.
An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 or 2 of this Schedule.
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.
A civilian offence for which the person was convicted in Scotland or Northern Ireland and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE
If the proceedings for the index offence were instituted before IP completion day (see section 397(5))— This is subject to paragraph 23C.
a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;
a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.
Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—
as if, in paragraph 23A, the reference to a civilian offence were to an offence, and
The references in Part 1 of this Schedule to offences under sections 48, 49 and 50 of the Sexual Offences Act 2003 include references to offences under those sections as they had effect before the amendments made by section 68 of the Serious Crime Act 2015 (child sexual exploitation) came into force.
In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.
In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.
An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
“Order subject to magistrates' court supervision” and “Crown Court order”
Sch.16 Pt.1(crossheading)(orders)(and)(community)(requirements)(which)(are)(subject)(to)(review)
Orders and community requirements which are subject to review
For the purposes of this Schedule, a suspended sentence order is subject to review if—
the order is subject to review in accordance with section 293(1) or 293A(1), or
the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.
In this Schedule, a reference to the court responsible for a suspended sentence order which is subject to review is to the responsible court within the meaning given— (as the case may be).
A suspended sentence order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.
Breach of community requirement: duty to give warning or refer to enforcement officer
This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a community requirement of a suspended sentence order.
If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any community requirement of the order, the officer must refer the matter to an enforcement officer.
inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.
As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.
Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—
where appropriate, cause an information to be laid in respect of the offender's breach of the requirement—
in the case of an order subject to magistrates' court supervision, before a justice of the peace;
Order subject to magistrates' court supervision: issue of summons or warrant by justice
This paragraph applies where, during the supervision period of an order subject to magistrates' court supervision, it appears on information to a justice of the peace that the offender has breached any community requirement of the order.
issue a summons requiring the offender to appear at the place and time specified in it, or
if the information is in writing and on oath, issue a warrant for the offender's arrest.
A summons or warrant issued under this paragraph must direct the offender to appear or be brought—
in the case of a suspended sentence order which is subject to review, before the court responsible for the order;
if it is not known where the offender resides, in the offender's home local justice area.
Where— the magistrates' court may issue a warrant for the arrest of the offender.
a summons issued under this paragraph requires the offender to appear before a magistrates' court, and
Sch.16 Pt.2(crossheading)(crown)(court)(order)(issue)(of)(summons)(or)(warrant)(by)(crown)(court)
Crown Court order: issue of summons or warrant by Crown Court
This paragraph applies where, during the supervision period of a Crown Court order, it appears on information to the Crown Court that the offender has breached any community requirement of the order.
issue a summons requiring the offender to appear at the place and time specified in it, or
if the information is in writing and on oath, issue a warrant for the offender's arrest.
A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.
a summons issued under this paragraph requires the offender to appear before the Crown Court, and
Issue of summons or warrant after review hearing in special procedure cases
a suspended sentence order is subject to review in accordance with section 293A(1),
on a review hearing under section 294(5) a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, and
issue a summons requiring the offender to appear at the place and time specified in it, or
A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.
Sch.16 Pt.2(crossheading)(offender)(before)(magistrates)(court)(breach)(of)(community)(requirement)
Offender before magistrates' court: breach of community requirement
the offender is before a magistrates' court (“the present court”) in relation to a suspended sentence order by virtue of—
it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.
If the suspended sentence order was made by a magistrates' court, the present court must deal with the case under paragraph 13.
If the suspended sentence order was made by the Crown Court, the present court must—
commit the offender to custody or release the offender on bail until the offender can be brought or appear before the Crown Court.
If the present court deals with the case under sub-paragraph (3)(b), it must send the Crown Court— and a certificate purporting to be so signed is admissible as evidence of the breach before the Crown Court.
a certificate signed by a justice of the peace certifying that the offender has breached the community requirements of the suspended sentence order in the respect specified in the certificate, and
Sch.16 Pt.2(crossheading)(offender)(before)(magistrates)(court)(further)(conviction)
Offender before magistrates' court: further conviction
an offender is convicted of an offence committed during the operational period of a suspended sentence order (and the suspended sentence has not already taken effect),
the offender is before a magistrates' court (“the present court”), whether on conviction of that other offence or subsequently,
Where an offender is convicted by a magistrates' court of any offence (“the new offence”) which the court is satisfied was committed during the operational period of a suspended sentence order made by the Crown Court, the court—
if it does not, must give written notice of the conviction to the appropriate officer of the Crown Court.
Sub-paragraph (1) does not apply to the present court if it commits the offender to the Crown Court under section 20 (which confers power for magistrates' court to commit to Crown Court in certain circumstances in respect of the suspended sentence where it commits in respect of new offence) to be dealt with in respect of the suspended sentence order.
Where a magistrates' court commits a person to the Crown Court under sub-paragraph (2)(a), any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the magistrates' court— This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).
is instead to be discharged or may instead be exercised by the Crown Court.
Offender before Crown Court: breach of community requirement or further conviction
an offender to whom a suspended sentence order relates is before the Crown Court, and
the offender is before the Crown Court in relation to the order by virtue of—
paragraph 9 or 9A (summons or warrant for breach of community requirement),
it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.
has been convicted of an offence committed during the operational period of the suspended sentence order, and
In proceedings before the Crown Court under this paragraph— is to be determined by the court and not by the verdict of a jury.
any question whether the offender has breached a community requirement of the suspended sentence order, and
any question whether the offender has been convicted during the operational period of the suspended sentence,
Powers of court to deal with offender on breach of requirement or subsequent conviction
Where a court deals with a case under this paragraph, the court must deal with the offender in one of the following ways—
the court may order that the suspended sentence is to take effect with its original term unaltered;
the court may order that the suspended sentence is to take effect with the substitution for the original term of a lesser term;
the court may order the offender to pay a fine of an amount not exceeding £2,500;
in the case of a suspended sentence order that imposes one or more community requirements, the court may amend the order by doing any one or more of the following—
imposing more onerous community requirements which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order,
in a case where the suspended sentence order qualifies for special procedures for the purposes of this paragraph, the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the court may order the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
in the case of a suspended sentence order that does not impose any community requirement, the court may, subject to section 288(2), amend the order by extending the operational period.
a magistrates' court deals with an offender under this paragraph by virtue of paragraph 10 (breach of community requirement), or
the Crown Court deals with an offender under this paragraph by virtue of paragraph 12(2) (breach of community requirement).
Where a court deals with an offender under sub-paragraph (1) in respect of a suspended sentence, the appropriate officer of the court must notify the appropriate officer of the court which passed the sentence of the method adopted.
Exercise of power in paragraph 13: duty to make activation order where not unjust
Where the court deals with the case under paragraph 13, it must make an order under paragraph 13(1)(a) or (b) (“an activation order”) unless it is of the opinion that it would be unjust to do so in view of all the circumstances, including the matters mentioned in sub-paragraph (2). Where it is of that opinion the court must state its reasons.
the extent to which the offender has complied with any community requirements of the suspended sentence order, ...
in a case falling within paragraph 11 or 12(3) (conviction of further offence during operational period), the facts of the subsequent offence , and
in a case where the suspended sentence order qualifies for special procedures for the purposes of paragraph 13(1)(da), the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the possibility of making an order under paragraph 13(1)(da).
Sch.16 Pt.2(crossheading)(activation)(orders)(further)(provision)
Activation orders: further provision
This paragraph applies where a court makes an activation order relating to a suspended sentence.
The activation order may provide for— This is subject to section 225 (restriction on consecutive sentences for released prisoners).
the term of the sentence to begin on the expiry of another custodial sentence passed on the offender.
For the purpose of any enactment conferring rights of appeal in criminal cases, each of the following orders is to be treated as a sentence passed on the offender by the court for the offence for which the suspended sentence was passed—
any order made by the court under section 46 (criminal courts charge duty) when making the activation order.
In this paragraph “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).
Power under paragraph 13 to fine or amend community requirements: further provision
A fine imposed under paragraph 13(1)(c) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.
Paragraph 13(1)(d)(i) (power to impose more onerous requirements) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.
Sch.16 Pt.2(crossheading)(power)(under) para.131da(to)(commit)(to)(prison)(further)(provision)
Power under paragraph 13(1)(da) to commit to prison: further provision
an order under paragraph 13(1)(da) must be for committal to a young offender institution instead of to prison, but
the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
A person committed to prison or a young offender institution by an order under paragraph 13(1)(da) is to be regarded as being in legal custody.
No more than three orders under paragraph 13(1)(da) may be made in relation to the same suspended sentence order.
Treatment requirement: reasonable refusal to undergo certain treatment
is required by a treatment requirement of a suspended sentence order to submit to treatment, and
The offender is not to be treated for the purposes of paragraph 10(1)(b) or 12(2)(b) as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.
Duty of court in Scotland or Northern Ireland when informed of suspended sentence
Where— the court must give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.
an offender is convicted in Scotland or Northern Ireland of an offence, and
the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales,
Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence
This paragraph applies where it appears to the Crown Court that an offender—
has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence order passed by the Crown Court, and
a summons requiring the offender to appear at the place and time specified in it, or
A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.
This paragraph applies where it appears to a justice of the peace that an offender—
has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence passed by a magistrates' court acting in the same local justice area as the justice, and
a summons requiring the offender to appear at the place and time specified in it, or
Unless acting in consequence of a notice under paragraph 18 (conviction in Scotland or Northern Ireland), a justice—
may not issue a warrant under this paragraph except on information in writing and on oath.
A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court by which the suspended sentence was passed.
This Part of this Schedule applies during the supervision period of a suspended sentence order that imposes one or more community requirements.
Sch.16 Pt.3(crossheading)(cancellation)(of)(community)(requirements)(of)(suspended)(sentence)(order)
Cancellation of community requirements of suspended sentence order
This paragraph applies where an application is made to the appropriate court by— for the community requirements of the suspended sentence order to be cancelled.
If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may cancel the community requirements of the suspended sentence order.
The circumstances in which community requirements of the order may be cancelled under sub-paragraph (2) include the offender's—
No application may be made under this paragraph while an appeal against the suspended sentence is pending.
Sch.16 Pt.3(crossheading)(termination)(of)(supervision)(period)
Termination of supervision period
the suspended sentence order does not contain provision for review within the meaning of section 293A (review of suspended sentence order qualifying for special procedures),
in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement,
in a case where the order imposes one or more other community requirements listed in section 287 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and
in a case where a sentence plan has been prepared for the offender, the responsible officer—
considers that the offender has met the objectives set out in the plan, and
The supervision period terminates on the date specified by the responsible officer to the offender.
In this paragraph “sentence plan”, in relation to an offender to whom a suspended sentence order relates, means a plan prepared by the responsible officer which sets out—
any objectives to be met by the offender for the purposes of the order, and
If section 39 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.
Sch.16 Pt.3(crossheading)(amendment)(because)(of)(change)(of)(residence)
Amendment because of change of residence
the offender is given permission under section 302 to change residence, and
the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.
If the permission is given by a court, the court must amend the suspended sentence order to specify the new local justice area as the offender's home local justice area.
the officer must give notice to the appropriate court of the permission, and
the order as amended includes a residence requirement requiring the offender to reside at a specified place, and
the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.
Amendment because of variation of curfew requirement by responsible officer
This paragraph applies where at any time the responsible officer gives— to the appropriate court under paragraph 10A of Schedule 9.
a copy of a variation notice in relation to a suspended sentence order, and
The appropriate court must amend the order to reflect the effect of the variation notice.
Sch.16 Pt.3(crossheading)(amendment)(of)(community)(requirements)(of)(suspended)(sentence)(order)
Amendment of community requirements of suspended sentence order
The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend any community requirement of the suspended sentence order—
by replacing it with a requirement of the same kind, which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.
a requirement falling within any entry in the table in section 287 is of the same kind as any other requirement falling within that entry, and
an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.
Sub-paragraph (1)(b) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.
No application may be made under this paragraph while an appeal against the suspended sentence is pending, other than an application which—
is made by an officer of a provider of probation services with the offender's consent.
Before exercising its powers under this paragraph, the court must summon the offender to appear before the court, unless—
the order would cancel a community requirement of the suspended sentence order.
If the offender fails to appear in answer to a summons under sub-paragraph (5) the court may issue a warrant for the offender's arrest.
If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—
re-sentence the offender for the offence in respect of which the suspended sentence was imposed.
In dealing with the offender under sub-paragraph (7)(b), the court must take into account the extent to which the offender has complied with the requirements of the order.
Sch.16 Pt.3(crossheading)(amendment)(of)(treatment)(requirement)(on)(report)(of)(practitioner)
Amendment of treatment requirement on report of practitioner
This paragraph applies where the suspended sentence order contains a treatment requirement under which the offender is being treated and the treatment practitioner—
the treatment of the offender should be continued beyond the period specified in that behalf in the order,
is for any reason unwilling to continue to treat or direct the treatment of the offender.
The treatment practitioner must make a report in writing to that effect to the responsible officer.
The responsible officer must cause an application to be made under paragraph 25 to the appropriate court for the requirement to be replaced or cancelled.
the person specified in the order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or
in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.
Sch.16 Pt.4(crossheading)(provision)(of)(copies)(of)(orders)(etc)
Provision of copies of orders etc
This paragraph applies on the making by a court of an order under this Schedule amending or revoking a suspended sentence order.
In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—
a provider of probation services that is a public sector provider operating in that area, and
In the case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.
Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the amendment or revocation (“the former home area”), the court must provide a copy of the amending or revoking order to a magistrates' court acting in the former home area.
Where under sub-paragraph (3) the court provides a copy of an amending or revoking order to a magistrates' court acting in a different area, it must also provide that court with 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.
Restriction on making relevant suspended sentence order where offender resides in Scotland
a relevant suspended sentence order is available to a court dealing with an offender, and
if a relevant suspended sentence order is made, will reside there when the order comes into force.
it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and
If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.
Sch.17 Pt.1(crossheading)(amendment)(of)(relevant)(suspended)(sentence)(order)(to)(become)(ssso)
Amendment of relevant suspended sentence order to become SSSO
it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.
The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—
the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.
A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 2.
If the court amends a relevant suspended sentence order in accordance with paragraph 2, it may not provide for it to be subject to review.
Restriction on making suspended sentence order where offender resides in Northern Ireland
a relevant suspended sentence order is available to a court dealing with an offender, and
if a relevant suspended sentence order is made, will reside there when the order comes into force.
it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and
If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.
Amendment of relevant suspended sentence order to become an NISSO
it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.
The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—
the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.
A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 5.
If the court amends a relevant suspended sentence order in accordance with paragraph 5, it may not provide for it to be subject to review.
Sch.17 Pt.3(crossheading)(making)(or)(amending)(a)(suspended)(sentence)(order)(under)
Making or amending a suspended sentence order under
This Part of this Schedule applies where, in accordance with Part 1 or 2 of this Schedule, a court—
Sch.17 Pt.3(crossheading)(community)(requirements)(availability)(and)(restrictions)(on)(imposition)
Community requirements: availability and restrictions on imposition
it must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—
any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
The order, as made or amended, may not impose a locally based requirement unless it appears to the court that—
the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or
provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” means any of the following—
in relation to an NISSO, an attendance centre requirement , where such a requirement is available (see section 207(3));
an electronic compliance monitoring requirement , where such a requirement is available (see section 207(4)).
paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
paragraph 31(2) (person for electronic monitoring to be of prescribed description);
paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);
in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—
in relation to an NISSO or proposed NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
Sch.17 Pt.3(crossheading)(matters)(to)(be)(specified)(in)(the)(order)
Matters to be specified in the order
The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must—
if it is an SSSO, specify the local authority area in Scotland in which the offender resides or will be residing at the relevant time, or
if it is an NISSO, specify that the offender resides in Northern Ireland or will be residing there at the relevant time.
This paragraph has effect in place of section 296 (offender's home local justice area to be specified).
The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must require the home authority to appoint or assign— who will be responsible for discharging in relation to the offender the functions conferred on responsible officers in relation to relevant suspended sentence orders by this Code.
This paragraph applies where a court makes an order (“the transferring order”) which makes or amends a suspended sentence order as mentioned in paragraph 7.
The court must forthwith provide the offender with a copy of the transferring order.
such other documents and information relating to the case as the court considers likely to be of assistance.
Where the transferring order imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the transferring order as relates to that requirement.
Sub-paragraphs (7) and (8) apply where the transferring order is an order amending a suspended sentence order in accordance with paragraph 2 or 5.
The court must provide a copy of the transferring order to the responsible officer.
Where the court making the transferring order acts in a local justice area other than the offender's home local justice area specified in the suspended sentence order prior to the amendment (“the former home area”), the court must provide a copy of the transferring order to a magistrates' court acting in the former home area.
paragraph 28 of Schedule 16 (provision of copies following amendment of suspended sentence order).
This Part of this Schedule applies while an SSSO or NISSO is in force in relation to an offender.
This is subject to Part 8 of this Schedule (transfer to England and Wales).
Role of responsible officer to be carried out by relevant officer
Sections 300 to 302 (role of responsible officer) apply as if any reference to the responsible officer were to the relevant officer.
paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
paragraph 31(2) (person for electronic monitoring to be of prescribed description);
paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);
in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—
in relation to an NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
applies where an SSSO or an NISSO is in force in respect of an offender, and
includes provisions that modify, or apply in place of, certain provisions of Part 2 of Schedule 16 (breach of community requirement or conviction of further offence).
Breach of community requirement: duty to give warning or refer to home court
This paragraph applies where the relevant officer is of the opinion that the offender has without reasonable excuse breached a community requirement of the order.
If the offender has been given a relevant warning within the previous 12 months in relation to a breach of any community requirement of the order, the officer must—
if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or
if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.
if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or
if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.
inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.
As soon as practicable after giving a warning under this paragraph, the relevant officer must record that fact.
For the purposes of sub-paragraph (2), a relevant warning is a warning under—
paragraph 6 of Schedule 16 (corresponding provision for order not transferred to Scotland or Northern Ireland).
If the suspended sentence order is amended under paragraph 35 (transfer back to England and Wales), the reference in paragraph 6(2) of Schedule 16 to a previous warning under paragraph 6 of that Schedule includes a reference to a warning under this paragraph.
Sch.17 Pt.5(crossheading)(issue)(of)(citation)(or)(warrant)(by)(home)(court)
Issue of citation or warrant by home court
Sub-paragraph (2) applies where it appears to the home court— that the offender has breached a community requirement of the suspended sentence order without reasonable excuse.
if that court is in Scotland, on information from the relevant officer, or
if that court is in Northern Ireland, upon a complaint being made by the relevant officer,
issue a citation requiring the offender to appear before it at the time specified in the citation, or
issue a summons requiring the offender to appear before it at the time specified in the summons, or
Powers of home court to determine breach or refer to original court
The court before which an offender appears or is brought by virtue of paragraph 19 must—
determine whether the offender has breached any community requirement of the suspended sentence order without reasonable excuse, or
Sub-paragraphs (3) to (6) apply if the home court determines under sub-paragraph (1)(a) that the offender has breached any requirement of the order without reasonable excuse.
send the original court a certificate certifying that the offender has without reasonable excuse breached the requirements of the order in the respect specified.
Sub-paragraph (5) applies when the offender appears before the original court by virtue of sub-paragraph (3).
Paragraph 10 or, as the case may be, 12 of Schedule 16 (functions of court on breach of community requirement) applies as if what the home court had determined under sub-paragraph (1)(a) had already been proved to the satisfaction of the original court.
Where an offender is required under sub-paragraph (3)(a) to appear before the original court, a certificate under sub-paragraph (3)(b) signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters stated in it.
See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power by virtue of sub-paragraph (1)(b) or (3)(a).
Determination by home court of breach of community requirement: further provision
is required by any of the following community requirements of a suspended sentence order to submit to treatment—
The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender's refusal was reasonable having regard to all the circumstances.
Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.
If the order— section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).
Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).
Sch.17 Pt.5(crossheading)(modifications)(of) Pt.2(of) Sch.16(etc)
Modifications of Part 2 of Schedule 16 etc
Part 2 of Schedule 16 (breach of community requirement and effect of further conviction), apart from paragraphs 6 and 7, applies as if—
any reference to a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;
any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;
for sub-paragraphs (i) and (ii) of paragraph 8(3)(b) there were substituted “ the same local justice area as the original court ”.
No court in England and Wales may exercise any power in relation to any breach by the offender of a community requirement of the order unless the offender has been required to appear before that court in accordance with paragraph 20(1)(b) or (3)(a).
applies where an SSSO or an NISSO is in force in respect of an offender, and
includes provisions that modify, or apply in place of, certain provisions of Part 3 of Schedule 16 (amendment of suspended sentence order).
Sch.17 Pt.6(crossheading)(modifications)(of) Pt.3(of) Sch.16
Modifications of Part 3 of Schedule 16
any reference a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;
any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;
in the case of an SSSO, in paragraphs 23 and 24 of that Schedule (amendment by reason of change of residence), any reference to the offender's home local justice area were to the local authority area specified in the order, and any other reference to a local justice area were to a local authority area;
Powers to amend suspended sentence order exercisable by home court
The home court may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) as if it were the original court. This is subject to sub-paragraph (2).
Where paragraph 25(7) of Schedule 16 (power to deal with offender who fails to express willingness to comply with amended treatment requirement) applies, the home court—
See paragraph 27 and Part 7 of this Schedule for provisions that apply to the home court where it exercises a power by virtue of sub-paragraph (1).
Cases in which offender is to be required to appear before home court
This paragraph applies in place of sub-paragraphs (5) and (6) of paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) in relation to any exercise by the home court of the power conferred by sub-paragraph (1) of that paragraph.
Before exercising the power, the home court must issue— requiring the offender to appear before it.
If the offender does not appear in answer to a citation or summons under sub-paragraph (2), the court may issue a warrant for the offender's arrest.
Sch.17 Pt.6(crossheading)(modification)(of)(sections)(300)(to)(302)(and) Sch.9
Modification of sections 300 to 302 and Schedule 9
This paragraph applies where the home court is considering amending an SSSO or an NISSO under Part 3 of Schedule 16 by virtue of this Part of this Schedule.
Sections 300 to 302 (functions of responsible officer) and Schedule 9 (requirements) apply as if any reference to a provider of probation services were—
Sch.17 Pt.6(crossheading)(power)(for)(home)(court)(to)(refer)(application)(to)(original)(court)
Power for home court to refer application to original court
This paragraph applies where an application is made to the home court under Part 3 of Schedule 16 by virtue of paragraph 26 of this Schedule (powers to amend order exercisable by home court).
The home court may (instead of dealing with the application) require the offender to appear before the original court.
Powers exercisable by court in England and Wales only after home court consideration
No court in England and Wales may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) unless the offender has been required to appear before that court in accordance with—
paragraph 26(2)(b) of this Schedule (refusal of offender to express willingness to comply with amended treatment requirement), or
paragraph 29(2) of this Schedule (power of home court to refer application to original court).
See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power in the circumstances mentioned in sub-paragraph (1)(a) or (b).
Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule
a court in England and Wales exercises a power by virtue of paragraph 20(1)(b) or (3)(a) to amend an SSSO or a NISSO,
the home court exercises a power in Part 3 of Schedule 16 to amend an SSSO or an NISSO by virtue of paragraph 26 of this Schedule, or
a court in England and Wales exercises such a power in the circumstances mentioned in paragraph 30(1)(a) or (b) of this Schedule.
Sch.17 Pt.7(crossheading)(restrictions)(on)(exercise)(of)(powers)(to)(amend)(order)
Restrictions on exercise of powers to amend order
The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender's supervision can be made by—
the court must not impose an alcohol abstinence and monitoring requirement;
the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—
any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
The court must not impose a locally based requirement unless it appears to the court that—
the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or
provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” means any of the following—
in relation to an NISSO, an attendance centre requirement , where such a requirement is available (see section 291(3));
an electronic compliance monitoring requirement , where such a requirement is available (see section 291(4)).
This paragraph applies where a court amends an SSSO or an NISSO and this Part of this Schedule applies.
Where the order is an SSSO and the court amends it so as to substitute a new local authority area, the court must provide— with a copy of the order as made or amended, and such other documents and information relating to the case as the court considers likely to be of assistance.
Sch.17 Pt.7(crossheading)(application)(of)(provisions)(of) Pt.3(of)(this) Sch.
Application of provisions of Part 3 of this Schedule
Paragraphs 10 to 12 have effect in relation to the amendment of an SSSO or an NISSO to which this Part of this Schedule applies as they have effect in relation to the amendment of such an order in accordance with Part 1 or 2 of this Schedule.
Sch.17 Pt.8(crossheading)(amendment)(of)(order)(return)(to)(england)(and)(wales)
Amendment of order: return to England and Wales
the home court is satisfied that the offender is residing or proposes to reside in England and Wales.
The home court— amend the suspended sentence order by requiring it to be complied with in England and Wales.
Sch.17 Pt.8(crossheading)(restrictions)(on)(exercise)(of)(power)(under)(this) Pt.of(this) Sch.
Restrictions on exercise of power under this Part of this Schedule
This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside.
The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—
substitutes for those requirements other requirements which can be complied with if the offender resides in that area.
This paragraph applies where the SSSO or NISSO imposes a programme requirement.
The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.
Sch.17 Pt.8(crossheading)(making)(of)(order)(under)(this) Pt.of(this) Sch.
Making of order under this Part of this Schedule
This paragraph applies where the home court exercises the power conferred by paragraph 35 to amend a relevant suspended sentence order which is an SSSO or NISSO.
The relevant suspended sentence order as amended must specify the local justice area in which the offender resides or proposes to reside (“the new local justice area”).
The home court must— This sub-paragraph applies in place of paragraph 28 of Schedule 16 (amendment of suspended sentence order: provision of copies).
a provider of probation services operating in the new local justice area, and
such other documents and information relating to the case as the home court considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
Subsections (1) and (3) of section 245C of the Criminal Procedure (Scotland) Act 1995 (provision of remote monitoring) have effect as if they included a reference to the electronic monitoring of the community requirements of a suspended sentence order made or amended in accordance with paragraph 1 or 2 of this Schedule.
Section 4 of the Summary Jurisdiction (Process) Act 1881 (which provides, among other things, for service in England and Wales of Scottish citations or warrants) applies to any citation or warrant issued under paragraph 19(2)(a) or 27(2)(a) or (3) as it applies to a citation or warrant granted under section 134 of the Criminal Procedure (Scotland) Act 1995.
A summons issued by a court in Northern Ireland under paragraph 19(2)(b) or 27(2)(b) may, in such circumstances as may be prescribed by rules of court, be served in England and Wales or Scotland.
For the purposes of this Schedule, a relevant suspended sentence order is subject to review if—
the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.
section 59 (inciting terrorism overseas), other than an offence which is an offence by virtue of subsection (2)(c) of that section.
section 10 (misuse of radioactive device or material for terrorist purposes etc);
An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
Other offences (in case where determination of terrorist connection under section 69 is made)
Sch.17A Pt.2(crossheading)(offences)(against)(the)(person)(act)(1861)
Offences against the Person Act 1861
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 21 (attempting to choke, suffocate or strangle in order to commit or assist in the committing of an indictable offence);
section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
An offence under any of the following provisions of the Explosive Substances Act 1883—
section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
section 4 (making or possession of explosive under suspicious circumstances);
section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).
Sch.17A Pt.2(crossheading)(infant)(life)(preservation)(act)(1929)
Infant Life (Preservation) Act 1929
An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).
An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
An offence under any of the following provisions of the Aviation Security Act 1982—
section 3 (other acts endangering or likely to endanger safety of aircraft);
section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).
Sch.17A Pt.2(crossheading)(nuclear)(material)(offences)(act)(1983)
Nuclear Material (Offences) Act 1983
An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—
Sch.17A Pt.2(crossheading)(aviation)(and)(maritime)(security)(act)(1990)
Aviation and Maritime Security Act 1990
An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
section 11 (destroying ships or fixed platforms or endangering their safety);
section 12 (other acts endangering or likely to endanger safe navigation);
section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).
Sch.17A Pt.2(crossheading)(channel)(tunnel)(security)(order)(1994)
Channel Tunnel (Security) Order 1994
An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
An offence under either of the following provisions of the Chemical Weapons Act 1996—
Sch.17A Pt.2(crossheading)(international)(criminal)(court)(act)(2001)
International Criminal Court Act 2001
An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
Sch.17A Pt.2(crossheading)(antiterrorism)(crime)(and)(security)(act)(2001)
Anti-terrorism, Crime and Security Act 2001
An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
An offence under either of the following provisions of the Modern Slavery Act 2015—
An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
Sch.18 Pt.1(crossheading)(offences)(against)(the)(person)(act)(1861)
Offences against the Person Act 1861
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);
section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);
section 31 (setting spring guns etc with intent to do grievous bodily harm);
An offence under any of the following provisions of the Explosive Substances Act 1883—
section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
section 4 (making or possession of explosive under suspicious circumstances).
section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Sch.18 Pt.1(crossheading)(infant)(life)(preservation)(act)(1929)
Infant Life (Preservation) Act 1929
An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Sch.18 Pt.1(crossheading)(children)(and)(young)(persons)(act)(1933)
Children and Young Persons Act 1933
An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).
section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.
An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
An offence under any of the following provisions of the Aviation Security Act 1982—
section 3 (other acts endangering or likely to endanger safety of aircraft);
section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Sch.18 Pt.1(crossheading)(nuclear)(material)(offences)(act)(1983)
Nuclear Material (Offences) Act 1983
An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983 in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force—
An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).
Sch.18 Pt.1(crossheading)(prohibition)(of)(female)(circumcision)(act)(1985)
Prohibition of Female Circumcision Act 1985
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).
An offence under any of the following provisions of the Public Order Act 1986—
An offence under any of the following provisions of the Road Traffic Act 1988—
section 3A (causing death by careless driving when under influence of drink or drugs).
Sch.18 Pt.1(crossheading)(aviation)(and)(maritime)(security)(act)(1990)
Aviation and Maritime Security Act 1990
An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Sch.18 Pt.1(crossheading)(channel)(tunnel)(security)(order)(1994)
Channel Tunnel (Security) Order 1994
An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
An offence under either of the following provisions of the Chemical Weapons Act 1996 in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force—
Sch.18 Pt.1(crossheading)(protection)(from)(harassment)(act)(1997)
Protection from Harassment Act 1997
An offence under section 4 or 4A of the Protection from Harassment Act 1997 (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).
An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).
An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).
Sch.18 Pt.1(crossheading)(international)(criminal)(court)(act)(2001)
International Criminal Court Act 2001
An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
Sch.18 Pt.1(crossheading)(antiterrorism)(crime)(and)(security)(act)(2001)
Anti-Terrorism, Crime and Security Act 2001
An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—
Sch.18 Pt.1(crossheading)(female)(genital)(mutilation)(act)(2003)
Female Genital Mutilation Act 2003
An offence under any of the following provisions of the Female Genital Mutilation Act 2003—
section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).
Sch.18 Pt.1(crossheading)(domestic)(violence)(crime)(and)(victims)(act)(2004)
Domestic Violence, Crime and Victims Act 2004
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).
An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.
An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
An offence under any of the following provisions of the Sexual Offences Act 1956—
section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);
An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).
Sch.18 Pt.2(crossheading)(indecency)(with)(children)(act)(1960)
Indecency with Children Act 1960
An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).
An offence under either of the following provisions of the Sexual Offences Act 1967—
An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.
An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).
Sch.18 Pt.2(crossheading)(protection)(of)(children)(act)(1978)
Protection of Children Act 1978
An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
Sch.18 Pt.2(crossheading)(customs)(and)(excise)(management)(act)(1979)
Customs and Excise Management Act 1979
An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).
An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).
An offence under any of the following provisions of the Sexual Offences Act 2003—
section 8 (causing or inciting a child under 13 to engage in sexual activity);
section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);
section 18 (abuse of position of trust: sexual activity in the presence of a child);
section 19 (abuse of position of trust: causing a child to watch a sexual act);
section 30 (sexual activity with a person with a mental disorder impeding choice);
section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity);
section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);
section 33 (causing a person with a mental disorder impeding choice to watch a sexual act);
section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);
section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception);
section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder);
section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);
section 38 (care workers: sexual activity with a person with a mental disorder);
section 40 (care workers: sexual activity in the presence of a person with a mental disorder);
section 41 (care workers: causing a person with a mental disorder to watch a sexual act);
section 62 (committing an offence with intent to commit a sexual offence);
section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation);
section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);
An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.
Sch.18 Pt.3(crossheading)(antiterrorism)(crime)(and)(security)(act)(2001)
Anti-terrorism, Crime and Security Act 2001
An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).
section 10 (misuse of radioactive device or material for terrorist purposes etc);
An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.
Sch.19(crossheading)(offences)(against)(the)(person)(act)(1861)
Offences against the Person Act 1861
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);
section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
An offence under either of the following provisions of the Explosive Substances Act 1883—
section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) committed on or after 13 April 2015.
Sch.19(crossheading)(infant)(life)(preservation)(act)(1929)
Infant Life (Preservation) Act 1929
An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
An offence under any of the following provisions of the Aviation Security Act 1982—
section 3 (other acts endangering or likely to endanger safety of aircraft).
Sch.19(crossheading)(aviation)(and)(maritime)(security)(act)(1990)
Aviation and Maritime Security Act 1990
An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
Sch.19(crossheading)(channel)(tunnel)(security)(order)(1994)
Channel Tunnel (Security) Order 1994
An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S. I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
An offence under any of the provisions of the Terrorism Act 2000 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—
Sch.19(crossheading)(antiterrorism)(crime)(and)(security)(act)(2001)
Anti-terrorism, Crime and Security Act 2001
An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001 committed on or after 12 January 2010—
An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—
Sch.19(crossheading)(domestic)(violence)(crime)(and)(victims)(act)(2004)
Domestic Violence, Crime and Victims Act 2004
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 that meets the conditions in sub-paragraph (2).
the unlawful act to which the offence relates was an act that occurred, or so much of an act as occurred, on or after the day on which section 123 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
the offender is liable on conviction on indictment to imprisonment for life.
An offence under any of the provisions of the Terrorism Act 2006 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—
An offence under either of the following provisions of the Modern Slavery Act 2015—
An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.
An offence committed on or after 13 April 2015 under Part 2 of the Serious Crime Act 2007 related to murder.
An offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring weapon or ammunition) committed on or after 22 January 2004.
An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after 6th April 2022.
An offence under section 5(1A)(a) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring firearm disguised as another object) committed on or after 22 January 2004.
An offence under section 5(2A) of the Firearms Act 1968 (manufacture, sale or transfer of firearm or ammunition, or possession etc for sale or transfer)—
committed on or after 6th April 2022 in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.
An offence under any of the provisions of the Firearms Act 1968 listed in sub-paragraph (2)—
committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or
committed on or after 6th April 2022 in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.
An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon), where—
the dangerous weapon in respect of which the offence was committed was a relevant firearm, or
the offence was committed on or after 6th April 2022 in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.
In this Schedule— For this purpose, “firearm” and “ammunition” have the same meanings as in the Firearms Act 1968.
the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is exceptionally high, and
the murder of two or more persons, where each murder involves any of the following—
the murder of a child if involving the abduction of the child or sexual or sadistic motivation,
the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,
the murder of a police officer or prison officer in the course of his or her duty, where the offence was committed on or after 13 April 2015,
the murder of an officer of a provider of probation services in the course of his or her duty, where the offence was committed on or after the day on which section 11 of the Sentencing Act 2026 came into force,
the murder of a person who was serving or had ceased to serve as a police officer, a prison officer or an officer of a provider of probation services where—
the offence was motivated wholly or partly by something done by the victim in the course of their duty as a police officer, a prison officer or an officer of a provider of probation services, and
the offence was committed on or after the day on which section 11 of the Sentencing Act 2026 came into force,
a murder done for the purpose of advancing a political, religious, racial or ideological cause, or
If— the appropriate starting point, in determining the minimum term, is 30 years.
the case does not fall within paragraph 2(1) but the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is particularly high, and
Cases that (if not falling within paragraph 2(1)) would normally fall within sub-paragraph (1)(a) include—
in the case of a offence committed before 13 April 2015, the murder of a police officer or prison officer in the course of his or her duty,
a murder done for gain (such as a murder done in the course or furtherance of robbery or burglary, done for payment or done in the expectation of gain as a result of the death),
a murder that is aggravated by racial or religious hostility or by hostility related to sexual orientation,
a murder that is aggravated by hostility related to disability or transgender identity, where the offence was committed on or after 3 December 2012 (or over a period, or at some time during a period, ending on or after that date),
a murder falling within paragraph 2(2) committed by an offender who was aged under 21 when the offence was committed.
An offence is aggravated in any of the ways mentioned in sub-paragraph (2)(g) or (h) if section 66 requires the court to treat the fact that it is so aggravated as an aggravating factor.
If— the offence is normally to be regarded as sufficiently serious for the appropriate starting point, in determining the minimum term, to be 25 years.
The offence falls within this sub-paragraph if the offender took a knife or other weapon to the scene intending to— and used that knife or other weapon in committing the murder.
If the offender was aged 18 or over when the offence was committed and the case does not fall within paragraph 2(1), 3(1) or 4(1), the appropriate starting point, in determining the minimum term, is 15 years.
the offender was convicted of the offence on or after the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
The appropriate starting point, in determining the minimum term, is the period given in the entry in column 2, 3 or 4 of the following table that corresponds to—
the age of the offender when the offence was committed, as set out in column 1, and
the provision of this Schedule that would have supplied the appropriate starting point had the offender been aged 18 when the offence was committed, as set out in the headings to columns 2, 3 and 4.
the offender was convicted of the offence before the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
The appropriate starting point, in determining the minimum term, is 12 years.
Sch.21(crossheading)(aggravating)(and)(mitigating)(factors)
Aggravating and mitigating factors
Having chosen a starting point, the court should take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point.
Detailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point), or in the making of a whole life order.
Aggravating factors (additional to those mentioned in paragraphs 2(2), 3(2) and 4(2)) that may be relevant to the offence of murder include—
the fact that the victim was particularly vulnerable because of age or disability,
where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the offender had repeatedly or continuously engaged in behaviour towards the victim that was controlling or coercive and, at the time of the behaviour, the offender and the victim were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,
where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025 came into force, the fact that the murder was connected with—
the end of the offender’s intimate personal relationship with the victim,
the victim intending to bring about the end of that intimate personal relationship, or
a belief by the offender as to a thing mentioned in sub-paragraph (i) or (ii),
where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025 came into force, the fact that the murder involved strangulation, suffocation or asphyxiation,
the use of duress or threats against another person to facilitate the commission of the offence,
the fact that victim was providing a public service or performing a public duty, ...
where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the use of sustained and excessive violence towards the victim, and
the fact that the offender suffered from any mental disorder or mental disability which (although not falling within section 2(1) of the Homicide Act 1957) lowered the offender's degree of culpability,
where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the victim had repeatedly or continuously engaged in behaviour towards the offender that was controlling or coercive and, at the time of the behaviour, the victim and the offender were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,
the fact that the offender was provoked (for example, by prolonged stress) but, in the case of a murder committed before 4 October 2010, in a way not amounting to a defence of provocation,
the fact that the offender acted to any extent in self-defence or, in the case of a murder committed on or after 4 October 2010, in fear of violence,
Nothing in this Schedule restricts the application of— or of section 238(1)(b) or (c) or 239 of the Armed Forces Act 2006.
Sch.21(crossheading)(offences)(committed)(before)(18)(december)(2003)
Offences committed before 18 December 2003
This paragraph applies where the offence was committed before 18 December 2003.
If the court makes a minimum term order, the minimum term must, in the opinion of the court, be no be greater than the period which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify to the offender as the minimum period which in the view of the Secretary of State should be served before the prisoner's release on licence.
The court may not make a whole life order unless it is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify the prisoner that the Secretary of State did not intend that the prisoner should ever be released on licence.
In section 230 (threshold for imposing discretionary custodial sentence), after subsection (3) insert—
In section 57 (purposes of sentencing: adults), in subsection (1)(b), omit “when convicted”.
Sch.22 Pt.2(crossheading)(referral)(orders)(consecutive)(to)(earlier)(referral)(orders)
Referral orders consecutive to earlier referral orders
In section 87 (referral order consecutive to earlier referral order), omit subsection (2).
In section 119 (power of magistrates' court to fine where only imprisonment etc specified), in subsection (4)—
In section 127 (remission of fines following determination under section 126), in subsection (3), omit “, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,”.
In section 129 (fine imposed on offender by Crown Court: duty to make term in default order)—
in subsection (3), for paragraphs (a) and (b) substitute “ of imprisonment ”;
in subsection (4), omit “or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”;
in subsection (6), in the words following paragraph (c), omit “or detention”.
In section 132 (enforcement of fines imposed on offenders by Crown Court), in subsection (3) omit “, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,”.
In section 382 (power to determine financial circumstances of offender's parent or guardian), in subsection (4), for paragraphs (a) and (b) substitute “ imprisonment ”.
Youth rehabilitation orders with intensive supervision and surveillance
In section 179 (exercise of power to impose youth rehabilitation order: general considerations), after subsection (4) insert—
In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), after subsection (4) insert—
In section 186 (youth rehabilitation order: exercise of power to impose particular requirements), after subsection (8) insert—
Sch.22 Pt.4(crossheading)(youth)(rehabilitation)(order)(for)(offender)(previously)(fined)
Youth rehabilitation order for offender previously fined
In section 179 (exercise of power to impose youth rehabilitation order: general considerations), in subsection (2), at the end insert—
Sch.22 Pt.4(crossheading)(availability)(etc)(of)(community)(order)
Availability etc of community order
In section 204 (exercise of power to impose community order: general considerations), in subsection (2), at the end insert—
Youth rehabilitation orders and community sentences: references to previous convictions
Community orders and youth rehabilitation orders for persistent offenders: amendments relating to offences in other member States
Section 397A (offenders fined at least three times: interpretation), inserted by paragraph 15, is amended as follows.
in sub-paragraph (i), omit “within the meaning of the Armed Forces Act 2006”;
In subsection (5), after “subsection (4)” insert “ (other than proceedings for a member State service offence) ”.
Sch.22 Pt.4(crossheading)(consequential)(amendment)(of) s.77(basis)(of)(opinion)(provisions)
Consequential amendment of section 77 (basis of opinion provisions)
Community orders: powers to imprison offender for wilful or persistent breach
in sub-paragraph (9), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;
in sub-paragraph (6), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;
Exceptions to threshold for custodial sentence where offender fails to express willingness to comply with amended requirement
In Schedule 9 (community orders and suspended sentence orders: requirements), in paragraph 22(5)(b) (power to impose custodial sentence where offender on review of drug rehabilitation requirement where offender fails to express willingness to comply with amended requirement), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”.
In Schedule 10 (breach, revocation or amendment of community order), in paragraph 18(9)(b) (power of court to re-sentence offender where offender fails to express willingness to comply with treatment requirement as proposed to be amended), after “custodial sentence” insert “ (where the offence is punishable with such a sentence) ”.
Change of residence: duty of responsible officer to apply to court for amendment of order
In Schedule 10 (breach, revocation and amendment of community order), in paragraph 16, at the end insert—
Sch.22 Pt.5(crossheading)(increase)(in)(magistrates)(courts)(power)(to)(impose)(imprisonment)
Increase in magistrates' court's power to impose imprisonment
In section 224(1A)(a) (general limit on custodial sentence for summary offence in magistrates’ court), for “6 months” substitute “12 months”.
In— in the words following sub-paragraph (iii), for “6 months” substitute “ 51 weeks ”.
paragraph 10(5)(d) of Schedule 10 (magistrates' court's powers on breach etc of community order), as inserted by paragraph 21(2) of this Schedule, or
the paragraph (d) to be inserted into paragraph 10(5) of Schedule 10 by paragraph 21(2) of this Schedule (if that paragraph 21(2) is not in force when this paragraph comes into force),
In— in the words following sub-paragraph (ii), for “6 months” substitute “ 51 weeks ”.
paragraph 11(2)(d) of Schedule 10 (Crown Court's powers on breach etc of community order), as inserted by paragraph 21(3) of this Schedule, or
the paragraph (d) to be inserted into paragraph 11(2) of Schedule 10 by paragraph 21(3) of this Schedule (if that paragraph 21(3) is not in force when this paragraph comes into force),
Sch.22 Pt.5(crossheading)(detention)(and)(training)(orders)(offenders)(aged)(under)(12)
Detention and training orders: offenders aged under 12
In section 235 (exercise of power to make of detention and training order), after subsection (3) insert—
In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), in subsection (2)(a)(ii) (appropriateness of custodial sentence to be assessed in case of offender aged under 12 as if offender were 12), after “convicted” insert “ and the offence was committed before the date on which paragraph 27 of Schedule 22 comes into force ”.
Sch.22 Pt.5(crossheading)(repeal)(of)(temporary)(provision)(resulting)(from) para.27
Repeal of temporary provision resulting from paragraph 27
In section 180, omit subsection (2)(a)(ii) (and the word “or” immediately before it, but not the word “and” immediately after it).
Sch.22 Pt.5(crossheading)(detention)(and)(training)(orders)(summary)(offences)
Detention and training orders: summary offences
Custodial sentences where offender already subject to sentence following conviction before commencement
In section 244 (offender subject concurrently to detention and training order and sentence of detention in a young offender institution), omit subsection (5).
In section 245 (offender subject concurrently to detention and training order and other sentence of detention), omit subsection (4).
in paragraph (c) the words “(whether passed before or after this Code comes into force)”;
In section 253 (sentence of detention passed on offender subject to detention and training order), in subsection (4)—
In section 257 (extended sentence under section 254 where offender subject to detention and training order), in subsection (4)—
In section 270 (sentence of detention in a young offender institution where offender subject to detention and training order), in subsection (4)—
Sch.22 Pt.5(crossheading)(age)(limit)(for)(imposing)(imprisonment)
Age limit for imposing imprisonment
In section 73(2A) (reduction in serious terrorism sentence for guilty plea), omit “268C(2) or, as the case may be,”.
In section 74(4A) (reduction in serious terrorism sentence for assistance to prosecution), omit “268C(2) or”.
In section 129(5)(c) (fine imposed on offender by Crown Court: duty to make term in default order), omit “, custody for life or detention in a young offender institution”.
In section 166(5) (extension of disqualification where custodial sentence also imposed), in the table, omit entries 3, 4 and 4A.
In section 166(5A) (adaptation of disqualification period in certain terrorist cases), in paragraph (a), omit “, 4”;
In section 224 (general limit on magistrates' court's power to impose imprisonment or detention in a young offender institution)—
In section 226 (custodial sentence: restriction in certain cases where offender not legally represented)
in subsection (3), at the beginning insert “If the offender was aged 21 or over when convicted,".
In section 227 (restriction on imposing imprisonment on person under 21) in each of the following places, and in the heading to that section, for “under 21” substitute “ under 18 ” in each of the following—
In section 230(3) (threshold for imposing discretionary custodial sentence), for “sections 273(4) and” substitute “ section ”.
In section 231 (length of discretionary custodial sentences: general provision)—
in subsection (4), omit paragraph (b) (but not the word “or” immediately after it);
In section 236 (term of order, consecutive terms and taking account of remands)— for “21” substitute “ 18 ” (in each place).
In section 244 (interaction with sentences of detention in a young offender institution), in subsection (2), for paragraph (b) substitute—
In section 246 (effect of detention and training order made where offender has reached 18), in subsection (2), for “detention in a young offender institution” substitute “ imprisonment ”.
In section 249 (sentence of detention under section 250: availability), in paragraph (a) of the table in subsection (1), for “21” substitute “ 18 ”.
In section 252 (maximum sentence), in subsection (2), in paragraphs (a) and (b), for “21” substitute “ 18 ”.
In section 252A (special sentence of detention for certain offenders of particular concern aged under 18), in subsection (4), for “21” substitute “ 18 ”.
In section 256 (term of extended sentence of detention under section 254), in subsection (5), for “21” substitute “ 18 ”.
The repeal by sub-paragraph (1) of section 270 does not affect the validity of any order made under subsection (2) of that section.
In section 277 (suspended sentence order for person aged 21 or over: availability),
in paragraph (b) omit the words from “or under” to “adults aged under 21)”.
In section 277A (presumption of suspended sentence order: person aged 21 or over)—
In section 278 (required special custodial sentence for certain offenders of particular concern), omit subsection (1)(b)(ii) (and the word “and” immediately after it).
In section 279 (extended sentence of imprisonment for certain violent or sexual offences: persons 21 or over), in the heading omit “persons 21 or over”.
In section 280 (extended sentence of imprisonment: availability), in subsection (1)(b), for “21” substitute “ 18 ”.
In section 282A (serious terrorism sentence of imprisonment: persons 21 or over), in the heading omit “: persons 21 or over”.
In section 282B (serious terrorism sentence of imprisonment: circumstances in which required), omit subsection (1)(c).
In section 283 (life sentence for second listed offence), in subsection (1)(c), for “21” substitute “ 18 ”.
In section 285 (required life sentence for offence carrying life sentence), in subsection (1)(a), for “21” substitute “ 18 ”.
In section 285A (required life sentence for manslaughter of emergency worker), in subsection (1)(a), for “21” substitute “18”.
In section 286 (suspended sentence order), in subsection (1), omit “or detention in a young offender institution”.
In section 289 (suspended sentence to be treated generally as sentence of imprisonment etc)—
in subsection (1), for paragraphs (a) and (b) substitute “ a sentence of imprisonment ”;
In section 310 (certificates of conviction), in the words following paragraph (c), omit “267, 273,”.
In section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons), in subsection (3)—
In section 312 (mandatory minimum sentence for offences of threatening with weapon or bladed article), in subsection (3)—
in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;
in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;
in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;
in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;
In section 315 (minimum sentence for repeat offence involving weapon or bladed article), in subsection (3)—
In section 324 (interpretation of sections 321 and 322), in the definition of “life sentence”—
In section 329 (conversion of sentence of detention to sentence of imprisonment)—
in subsection (4A), omit paragraph (b) (and the word “or” immediately before it);
in subsection (5), omit paragraph (b) (and the word “or” immediately before it);
In section 384(3)(b) (commencement of sentence), for “, 257 and 270” substitute “ and 257 ”.
The amendment made by sub-paragraph (1) does not affect the validity of any order made under section 270(2).
In section 397(1) (interpretation: general), in the definition of “extended sentence”, omit paragraph (b) (but not the word “or” immediately after that paragraph).
in the definition of “serious terrorism sentence”, omit paragraph (a) (including the word “or” immediately after that paragraph).
In paragraph 10 of Schedule 10 (magistrates' court's powers on breach etc of community order), as amended by paragraph 21(2) of this Schedule—
in sub-paragraph (5)(d), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;
But, if paragraph 21(2) of this Schedule is not in force when this paragraph comes into force, in that paragraph—
in the paragraph (d) to be inserted by it into paragraph 10(5) of Schedule 10 (magistrates' court's powers on breach etc of community order), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;
omit paragraph (c) (which inserts sub-paragraph (9A) into paragraph 10 of Schedule 10).
In paragraph 11 of Schedule 10 (Crown Court's powers on breach etc of community order), as amended by paragraph 21(3) of this Schedule—
in sub-paragraph (2)(d), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;
But if paragraph 21(3) of this Schedule is not in force when this paragraph comes into force, in that paragraph—
in the paragraph (d) to be inserted by it into paragraph 11(2) of Schedule 10 (Crown Court's powers on breach etc of community order), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;
omit paragraph (c) (which inserts sub-paragraph (6A) into paragraph 11 of Schedule 10).
In paragraph 13A of Schedule 10 (detention following breach of community order)—
In Schedule 12, in paragraph 3 (breach of requirement of detention and training order), in sub-paragraph (8), for “21” substitute “ 18 ”.
In Schedule 14 (extended sentences: the earlier offence condition: offences), in paragraph 15(b), for “section 267(1)(a) or 280(1)(a) (as appropriate)” substitute “ section 280(1)(a) ”.
In Schedule 15 (life sentence for second offence: listed offences), in paragraph 24(1), omit the definition of “index offence”.
In paragraph 16A of Schedule 16 (detention following breach of suspended sentence order)—
Change of residence: duty of responsible officer to apply for amendment of suspended sentence order
In Schedule 16 (breach or amendment of suspended sentence order, and effect of further conviction), in paragraph 23, at the end insert—
Sch.22 Pt.5(crossheading)(minimum)(sentences)(firearms)(and)(corrosive)(substances)
Minimum sentences: firearms and corrosive substances
Schedule 20 (detention under section 250 and minimum sentences: firearms offences) is amended as follows.
In paragraph 3, for “committed in respect of a relevant firearm or relevant ammunition” substitute—
In paragraph 4(1), for “committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition” substitute
For the purposes of the amendments of Schedule 20 made by sub-paragraphs (2) to (4), the “amendment date” means—
The 2019 Act commencement date is the date on which section 54(6) of the Offensive Weapons Act 2019 comes into force. But if paragraph 7 of Schedule 2 to that Act comes into force on a different date, that date is the 2019 Act commencement date for the purposes of Schedule 20 as it applies for the purposes of section 250.
For the purposes of the amendment of Schedule 20 made by sub-paragraph (5), the “amendment date” means—
if earlier, the date on which paragraph 10 of Schedule 2 to the Offensive Weapons Act 2019 comes into force.
Section 315 (minimum sentence for repeat offence involving weapon) is amended as follows.
In each of the following provisions, after “weapon” insert “ or corrosive substance ”
In section 85 (duty and power to make referral order), in subsection (2)(c) omit sub-paragraph (ii) (and the word “or” immediately before it).
Section 267 (extended sentence of detention in a young offender institution: availability) is amended as follows—
In section 273 (custody for life for second listed offence) in subsection (12)—
in the definition of “extended sentence”, in the words following paragraph (b), for the words following “Scotland” substitute “ or Northern Ireland ”;
in the definition of “life sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”.
Section 280 (extended sentence of imprisonment: availability) is amended as follows—
In section 283 (life sentence for second listed offence) in subsection (12)—
in the definition of “extended sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”;
in the definition of “life sentence”, in the words following paragraph (f), for the words following “Scotland” substitute “ or Northern Ireland ”.
In section 313 (minimum sentence of 7 years for third class A drug trafficking offence), in subsection (3)—
In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)—
In section 315 (minimum sentence for repeat offence involving weapon), in subsection (4)—
Section 317 (certificates of conviction for purposes of sections 313 and 314) is amended as follows.
in the definition of “corresponding drug trafficking offence”, after “313(3)(b)” insert “or (3A)(a)”;
in the definition of “corresponding domestic burglary offence”, after “314(3)(b)” insert “or (3A)(a)”.
... Schedule 14 (extended sentences: the earlier offence condition: offences) ... is amended as follows.
In paragraph 18, for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;
In the heading of Part 3, for the words following “Scotland” substitute “ or Northern Ireland. ”
Schedule 15 (life sentence for second offence: listed offences), ... is amended as follows.
for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;
In the heading of Part 4, for the words following “Scotland” substitute “ or Northern Ireland. ”
Omit paragraphs 16 to 18 of this Schedule (which make amendments relating to offences in other member States).
In paragraph 19 of this Schedule (which makes amendments to section 397A (offenders fined at least three times: interpretation)), after sub-paragraph (1) insert—
In section 354 (offence: breach of sexual harm prevention order), for subsection (2) substitute—
In section 379 (other behaviour orders), in subsection (1), at the end insert—
In section 396 (execution of process between England and Wales and Scotland), at the appropriate place insert— “ section 93(4) (failure of parent or guardian to comply with order under section 90); ”.
Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc
Sch.22 Pt.7A(crossheading)(proceeds)(of)(crime)(act)(2002)(c)(29)
Proceeds of Crime Act 2002 (c. 29)
in subsection (2), for paragraphs (a) and (b) substitute “of imprisonment”;
In section 35J (enforcement by magistrates’ court), in subsection (4), omit the words from “, or detention” to “Act 2000,”.
In section 35M (warrant of commitment issued by Crown Court), in subsection (3), omit the words from “, or detention” to “Act 2000,”.
Amendments of other Acts consequential on prospective change to age limit for imposing imprisonment
Section 37 of the Mental Health Act 1983 ..., is further amended as follows.
Sch.22 Pt.8(crossheading)(road)(traffic)(offenders)(act)(1988)(c)(53)
Road Traffic Offenders Act 1988 (c. 53)
Sch.22 Pt.8(crossheading)(proceeds)(of)(crime)(act)(2002)(c)(29)
Proceeds of Crime Act 2002 (c. 29)
In section 35A of the Proceeds of Crime Act 2002 (default term of imprisonment or detention), in subsection (4)(c), omit “, custody for life or detention in a young offender institution”.
Seriousness: list of offences in which terrorist connection to be considered
The Secretary of State may by regulations amend subsection (5) of section 80 by substituting such period as may be specified in the regulations for the maximum period for the time being specified in that subsection.
Regulations under this paragraph are subject to the affirmative resolution procedure.
Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
Power to amend descriptions of offender for certain purposes connected with referral orders
The Secretary of State may by regulations amend any provision of sections 84 and 85, other than paragraphs (a) to (e) of section 84(1), to alter in any way the descriptions of offenders in whose case a referral order must or may be made.
The Secretary of State may by regulations amend any provision of paragraphs 14 to 16 of Schedule 4 to alter in any way the description of the offenders in the case of which an order extending the compliance period may be made.
Any description of offender having effect by virtue of regulations under this paragraph may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—
how (if at all) the offender has been previously punished or otherwise dealt with by any court, and
any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).
Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to alter amount of fine in respect of referral order on referral back to court
The Secretary of State may by regulations amend any sum for the time being specified in paragraph 9(3) of Schedule 4 (power to impose fine where offender fails to comply with youth offender contract).
Regulations under this paragraph are subject to the affirmative resolution procedure.
Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
The Secretary of State may by regulations amend section 122 so as to provide for such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date to have effect in place of any sum for the time being specified as a level on the standard scale, in relation to offences committed after the regulations come into force.
if the sum for the time being specified has effect by virtue of regulations under this paragraph or paragraph 6, the date of those regulations.
Regulations under this paragraph are subject to the negative resolution procedure.
The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.
Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
The Secretary of State may by regulations amend section 122 so as to provide for such sums as the Secretary of State considers appropriate to have effect in place of the sums for the time being specified as levels 1 to 4 on the standard scale in relation to offences committed after the regulations come into force.
Regulations under this paragraph may not alter the ratio of one of those levels to another.
Regulations under this paragraph are subject to the affirmative resolution procedure.
Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
Power to alter limits on fines and compensation orders etc in magistrates' court
The Secretary of State may by regulations substitute, for a sum for the time being specified in any of the following provisions, such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date, in relation to offences committed after the regulations come into force—
if the sum for the time being specified has effect by virtue of regulations under this paragraph, the date of those regulations.
Regulations under this paragraph are subject to the negative resolution procedure.
The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.
Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
make any other amendments of— that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).
any provision of this Act derived from Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing),
Regulations under sub-paragraph (1) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.
Regulations under this paragraph are subject to the affirmative resolution procedure.
The Secretary of State may by regulations substitute a maximum number of hours, or a period, for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—
The Secretary of State may by regulations substitute a period for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—
Regulations under this paragraph which amend paragraph 26(3)(a) of Schedule 6 may also make consequential amendments of paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7.
Regulations under this paragraph are subject to the affirmative resolution procedure.
Sch.23 Pt.5(crossheading)(power)(to)(amend)(fines)(for)(breach)(of)(youth)(rehabilitation)(order)
Power to amend fines for breach of youth rehabilitation order
The Secretary of State may by regulations amend any sum for the time being specified in paragraph 6(5)(a) or 7(2)(a) of Schedule 7 (fine on breach of youth rehabilitation order).
The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.
if the sum specified in paragraph 6(5)(a) or 7(2)(a) (as the case may be) of Schedule 7 has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted.
Regulations under this paragraph are subject to the negative resolution procedure.
Maximum period of fostering requirement where imposed by virtue of Schedule 7
The Secretary of State may by regulations amend paragraph 10(10) or 17(6) of Schedule 7 by substituting, for— such other period as may be specified in the regulations.
any other period which may be so specified by virtue of previous regulations under this paragraph,
Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland
This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction.
The Secretary of State may by regulations make such amendments to Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) as appear expedient in consequence of the change.
Regulations under this paragraph are subject to the negative resolution procedure.
The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in—
The Secretary of State may by regulations substitute any period of time for the time being specified in—
paragraph 25(4)(b) of that Schedule (alcohol abstinence and monitoring requirement).
Regulations under this paragraph are subject to the affirmative resolution procedure.
Sch.23 Pt.6(crossheading)(power)(to)(add)(or)(alter)(requirements)
Power to add or alter requirements
The Lord Chancellor may by regulations amend Chapter 2 of Part 9 and Chapter 5 of Part 10 (including Schedule 9) so as to—
make provision about a relevant requirement added pursuant to paragraph (a);
alter provision about a relevant requirement that applies for the time being.
In sub-paragraph (1) “relevant requirement” means a requirement that may be imposed by a relevant order.
Regulations under this paragraph may make such other provision as the Lord Chancellor considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1). The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.
Regulations under this paragraph may not have effect in relation to any offence committed before the day on which the regulations come into force.
Regulations under this paragraph may confer a function (including the exercise of a discretion) on a person or description of person.
Regulations under this paragraph are subject to the affirmative resolution procedure.
Sch.23 Pt.7(crossheading)(breach)(of)(community)(order)(power)(to)(amend)(amounts)(of)(fines)
Breach of community order: power to amend amounts of fines
The Secretary of State may by regulations amend any sum for the time being specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (breach etc of community order).
The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.
if the sum specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (as the case may be) has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;
Regulations under this paragraph are subject to the negative resolution procedure.
General limit on magistrates’ court’s power to impose custodial sentence
The Secretary of State may by regulations amend section 224(1A)(b) (general limit on custodial sentence for either-way offence in magistrates’ court)—
if for the time being it refers to 12 months, to substitute a reference to 6 months for the reference to 12 months, or
if for the time being it refers to 6 months, to substitute a reference to 12 months for the reference to 6 months.
An amendment under sub-paragraph (1) has effect only in relation to an offence for which a person is convicted on or after the day on which the amendment comes into force.
Regulations under sub-paragraph (1) are subject to the negative resolution procedure.
Sch.23 Pt.8(crossheading)(detention)(and)(training)(orders)(end)(of)(period)(of)(supervision)
Detention and training orders: end of period of supervision
Subject to sub-paragraphs (2) and (3), the Secretary of State may by regulations amend section 242 (detention and training order: period of supervision) as it has effect for the time being so as to alter the point at which the period of supervision of a detention and training order is to end.
The period of supervision must end no later than the end of the term of the order.
Regulations under this paragraph may not include provision about cases in which—
the offender is aged 18 or over at the half-way point of the term of the detention and training order, and
the order was made in respect of an offence committed on or after 1 February 2015.
Expressions used in this paragraph and sections 233 to 237 have the same meanings in this paragraph as in those sections.
For the purposes of sub-paragraph (3)(b), where an offence is found to have been committed— it is to be taken to have been committed on the last of those days.
Regulations under this paragraph are subject to the affirmative resolution procedure.
Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
Sch.23 Pt.8(crossheading)(offenders)(of)(particular)(concern)(listed)(offences)
Offenders of particular concern: listed offences
Regulations under this paragraph are subject to the affirmative resolution procedure.
Sch.23 Pt.8(crossheading)(suspended)(sentence)(order)(power)(to)(amend)(amounts)(of)(fines)
Suspended sentence order: power to amend amounts of fines
The Secretary of State may by regulations amend any sum for the time being specified in paragraph 13(1)(c) of Schedule 16 to the Code (breach etc of community requirement of suspended sentence order or conviction of further offence).
The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.
if the sum specified in paragraph 13(1)(c) of Schedule 16 to the Code has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;
Regulations under this paragraph are subject to the negative resolution procedure.
Power to exclude application of minimum sentences to those under 18
amend section 311(1)(b) (minimum sentence for certain offences involving firearms that are prohibited weapons) by substituting for the word “16” the word “18”;
repeal section 252(1)(b) (maximum sentence of detention in case where minimum sentence required under section 311).
Regulations under this paragraph may make such other provision as the Secretary of State considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1). The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.
Regulations under this paragraph may make provision in relation to offences even if committed, or the offender was convicted, before the regulations come into force.
Regulations under this paragraph are subject to the affirmative resolution procedure.
Sch.23 Pt.8(crossheading)(determining)(minimum)(term)(of)(mandatory)(life)(sentence)
Determining minimum term of mandatory life sentence
Before making regulations under sub-paragraph (1), the Lord Chancellor must consult the Sentencing Council for England and Wales.
Regulations under this paragraph may not have effect in relation to any offence committed before the regulations come into force.
Regulations under this paragraph are subject to the affirmative resolution procedure.
Sch.24 Pt.1(crossheading)(children)(and)(young)(persons)(act)(1933)(c)(12)
Children and Young Persons Act 1933 (c. 12)
for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ section 173 of the Sentencing Code ”;
In subsection (2)(c), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.
in paragraph (d), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;
in paragraph (e), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4)(b) of the Sentencing Code ”.
In subsection (10), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.
in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.
In section 13(2) of the Prison Act 1952, after “or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 271, 276 or 329 of the Sentencing Code ”.
In section 49(5)(c) of that Act, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(prevention)(of)(crime)(act)(1953)(c)(14)
Prevention of Crime Act 1953 (c. 14)
Sch.24 Pt.1(crossheading)(criminal)(appeal)(act)(1968)(c)(19)
Criminal Appeal Act 1968 (c. 19)
for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;
in sub-paragraph (ii), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;
in sub-paragraph (iii), for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of that Code ”.
In section 50(1A) of that Act, for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.
In Schedule 2 to that Act, in paragraph 2(4), after “Sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(court)(martial)(appeals)(act)(1968)(c)(20)
Court Martial Appeals Act 1968 (c. 20)
for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;
In subsection (2A)(c)(ii), after “section 104 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3 of Schedule 12 to the Sentencing Code ”.
In subsection (2C)(b), after “section 189 of the Criminal Justice Act 2003” insert “ or section 264 or 277 of the Sentencing Code ”.
for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;
for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.
for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;
for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.
Sch.24 Pt.1(crossheading)(health)(services)(and)(public)(health)(act)(1968)(c)(46)
Health Services and Public Health Act 1968 (c. 46)
in sub-paragraph (xxi), before “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ section 260 of the Sentencing Code or ”;
in sub-paragraph (xxii), before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.
In section 65(3)(b)(xxii) of that Act, before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.
In section 11(5)(a) of the Civil Evidence Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
In section 94(1) of the Social Work (Scotland) Act 1968, in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(law)(reform)(miscellaneous)(provisions)(scotland)(act)(1968)(c)(70)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)
In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(children)(and)(young)(persons)(act)(1969)(c)(54)
Children and Young Persons Act 1969 (c. 54)
In section 30(1) of the Children and Young Persons Act 1969, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.
in paragraph (a), for the words after “has been taken under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or ”;
in paragraph (b)(i), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;
in paragraph (b)(ii), for the words after “has been remanded under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or ”.
in paragraph (a), for the words after “made the arrangements under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; ”;
in paragraph (b), for “paragraph 17(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 24(3)(b) of Schedule 6 to the Sentencing Code ”;
in paragraph (c), for the words after “designated under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; ”.
In subsection (1D)(b), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 191 of the Sentencing Code ”.
In subsection (1E)(b), for “paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 26(2)(b) of Schedule 6 to the Sentencing Code ”.
in the definition of “local authority residence requirement”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code ”;
in the definition of “youth rehabilitation order” and “youth rehabilitation order with fostering”, for “the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act)” substitute “ the meanings given by sections 173 and 176 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(administration)(of)(justice)(act)(1970)(c)(31)
Administration of Justice Act 1970 (c. 31)
Schedule 9 to the Administration of Justice Act 1970 is amended as follows.
In paragraph 9A, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
In paragraph 10, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
In paragraph 12, for “section 137 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 380 of the Sentencing Code ”.
In paragraph 12A, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(misuse)(of)(drugs)(act)(1971)(c)(38)
Misuse of Drugs Act 1971 (c. 38)
in paragraph (a), after “court” insert “ in Scotland or Northern Ireland ”.
In paragraph 6(d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.
In paragraph 7(b), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(consumer)(credit)(act)(1974)(c)(39)
Consumer Credit Act 1974 (c. 39)
In section 119(2) of the Consumer Credit Act 1974, for “section 148 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.
In section 43(7) of the Solicitors Act 1974, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(rehabilitation)(of)(offenders)(act)(1974)(c)(53)
Rehabilitation of Offenders Act 1974 (c. 53)
Section 1 of the Rehabilitation of Offenders Act 1974 is amended as follows.
in paragraph (za), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”;
in paragraph (c), after “section 21A of the Prosecution of Offences Act 1985” insert “ or section 46 of the Sentencing Code ”.
In subsection (4), for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Section 5 of that Act, as it extends to England and Wales, is amended as follows.
after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;
after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.
In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.
In subsection (7)(e), after “section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3(2) of Schedule 12 to the Sentencing Code ”.
in paragraph (a) of the definition of “community or youth rehabilitation order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
in paragraph (c) of that definition, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;
in paragraph (f) of the definition of “custodial sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 250 of the Sentencing Code ”;
in paragraph (g) of that definition, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ within the meaning given by section 233 of the Sentencing Code ”;
in paragraph (e) of the definition of “relevant order”, for “section 16 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 6 of the Sentencing Code ”;
in the words after paragraph (g) of that definition, after “section 73 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 6 of the Sentencing Code ”.
if section 18 of the Management of Offenders (Scotland) Act 2019 (asp 14) (the “2019 Act”) does not come into force on or before 1 December 2020, as set out in sub-paragraphs (2) and (3);
if section 19 of the 2019 Act does not come into force on or before that date, as set out in sub-paragraphs (4) to (10).
after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;
after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.
In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.
In subsection (2), in Table B, in the fourth entry, after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.
In subsection (4A), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.
in the opening words, after “the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 1 of Part 6 of the Sentencing Code ”;
after “section 23 of that Act” insert “ or section 96 of that Code ”;
after “section 24 of that Act” insert “ or section 97 of that Code ”.
in the opening words, after “paragraph 11 or 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 15 of Schedule 4 to the Sentencing Code ”;
after “section 23 of that Act” insert “ or section 96 of that Code ”;
after “section 24 of that Act” insert “ or section 97 of that Code ”.
In subsection (5)(da), after “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ or Chapter 1 of Part 9 of the Sentencing Code ”.
In subsection (6A), after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code, ”.
In subsection (9)(b), after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.
In section 7(2)(d) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
in the definition of “custodial sentence”, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”;
in the definition of “probation hostel”, for “by a community order under section 177 of the Criminal Justice Act 2003” substitute “ by a community order under Chapter 2 of Part 9 of the Sentencing Code ”;
in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.
in paragraph (za), for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;
in paragraph (zb), for “Schedule 8 to that Act” substitute “ Schedule 5 to that Code ”;
in paragraph (a), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”;
in paragraph (b), for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to that Code ”.
In paragraph 4 of Part 3, in the definition of “default”, for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to the Sentencing Code ”.
In section 3(1) of the Criminal Law Act 1977, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.
In paragraph (a) of the definition of “The standard scale”, for “has the meaning given by section 37 of the Criminal Justice Act 1982” substitute “ has the meaning given by section 122 of the Sentencing Code (or, in the case of an offence of which the offender was convicted before that Act came into force, section 37 of the Criminal Justice Act 1982) ”.
Sch.24 Pt.1(crossheading)(ancient)(monuments)(and)(archaeological)(areas)(act)(1979)(c)(46)
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
In section 5(2)(a) of the Ancient Monuments and Archaeological Areas Act 1979, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
In section 29 of that Act, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(licensed)(premises)(exclusion)(of)(certain)(persons)(act)(1980)(c)(32)
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
In section 1(2)(b) of the Licensed Premises (Exclusion of Certain Persons) Act 1980, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(magistrates)(courts)(act)(1980)(c)(43)
Magistrates' Courts Act 1980 (c. 43)
In section 11(3) of the Magistrates' Courts Act 1980 (“the MCA 1980”), for “paragraph 8(2)(a) or (b) of Schedule 12 to the Criminal Justice Act 2003” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.
for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;
In section 17D(2)(b) of the MCA 1980, for “sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 14 and 18 of the Sentencing Code ”.
for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;
In subsection (2), for “sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 15(4), 18(8) and 21(6) of the Sentencing Code ”.
In subsection (6), for “the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.
In section 24(3) of the MCA 1980, for “section 89(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227(1) of the Sentencing Code ”.
for “section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;
for “under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section” substitute “ under section 16 or 17 of that Act if the court is of such opinion as is mentioned in section 16(1)(c) or (if applicable) section 17(1)(b) ”.
In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.
In subsection (8), in the definition of “sum adjudged to be paid by a conviction”, for “an order under section 130 of the said Act of 2000 (compensation orders)” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) ”.
in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”;
in paragraph (b), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of that Code ”.
In section 85(3A)(b) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
In section 91(3) of the MCA 1980, for “section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132(1) of the Sentencing Code ”.
In subsection (1A), for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.
In subsection (4), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
In subsection (5), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
In section 113(3) of the MCA 1980 as amended by the Sentencing (Pre-consolidation Amendments) Act 2020, for “section 3, 3A, 3B or 3C of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14, 15, 16 or 17 of the Sentencing Code ”.
in paragraph (d), for “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;
in paragraph (e), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”;
in paragraph (h), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
In section 125D(3)(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.
In section 126(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.
In section 133(1) of the MCA 1980, for “section 265 of the Criminal Justice Act 2003” substitute “ section 225 of the Sentencing Code ”.
In section 139(aa) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(law)(reform)(miscellaneous)(provisions)(scotland)(act)(1980)(c)(55)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in paragraph (bb)(v) of Part 2, after “within the meaning of section 177 of the Criminal Justice Act 2003” insert “ or imposed under Chapter 2 of Part 9 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(imprisonment)(temporary)(provisions)(act)(1980)(c)(57)
Imprisonment (Temporary Provisions) Act 1980 (c. 57)
In section 6(1) of the Imprisonment (Temporary Provisions) Act 1980, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(public)(passenger)(vehicles)(act)(1981)(c)(14)
Public Passenger Vehicles Act 1981 (c. 14)
In Schedule 3 to the Public Passenger Vehicles Act 1981, in paragraph 1(6), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(attempts)(act)(1981)(c)(47)
Criminal Attempts Act 1981 (c. 47)
In section 4(5)(b) of the Criminal Attempts Act 1981, for sub-paragraph (ii) substitute—
Sch.24 Pt.1(crossheading)(contempt)(of)(court)(act)(1981)(c)(49)
Contempt of Court Act 1981 (c. 49)
In section 12(5) of the Contempt of Court Act 1981, for “Section 135 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 123 of the Sentencing Code ”.
In section 16(3) of that Act, for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.
In Schedule 1 to that Act, in paragraph 6, for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
In subsection (3), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.
In subsection (5), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(justice)(act)(1982)(c)(48)
Criminal Justice Act 1982 (c. 48)
in paragraph (d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;
in paragraph (e), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”.
for “an order under section 143 of the Magistrates' Courts Act 1980 alters the sums specified in section 37(2) above” substitute “ regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 alter the sums specified in section 122(1) of the Sentencing Code ”;
for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;
in sub-paragraph (3)(b), for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
in sub-paragraph (4)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part 9 ”.
in sub-paragraph (3)(a), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
in sub-paragraph (3)(aa), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;
for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
in the definition of “community order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
In subsection (1A), for the words from “imposed” to “nothing” substitute “ imposed under section 258, 273, 274, 283 or 285 of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing ”.
for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;
for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.
In subsection (8)(b), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83 of that Code ”.
In subsection (8)(c), for “section 150 of that Act” substitute “ section 376 of that Code ”.
In section 43(4) of that Act, for “section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or 16 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(child)(abduction)(act)(1984)(c)(37)
Child Abduction Act 1984 (c. 37)
Sch.24 Pt.1(crossheading)(police)(and)(criminal)(evidence)(act)(1984)(c)(60)
Police and Criminal Evidence Act 1984 (c. 60)
In section 17(1)(cb)(ii) of the Police and Criminal Evidence Act 1984, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.
In section 38(6A) of that Act, in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.
In section 63A(3B) of that Act, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code, ”.
In section 63K(6)(a) of that Act, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.
after “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 82 of the Sentencing Code ”;
Sch.24 Pt.1(crossheading)(prosecution)(of)(offences)(act)(1985)(c)(23)
Prosecution of Offences Act 1985 (c. 23)
in paragraph (fa), for “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ Chapter 1 of Part 11 of the Sentencing Code ”;
for “applications under section 27 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ applications under section 336 of the Sentencing Code ”;
for “section 22 of that Act” substitute “ Chapter 1 of Part 11 of that Code ”.
In section 7A(5) of that Act, in the definition of “preventative civil orders”—
in paragraph (b), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”;
in paragraph (c), after “section 8 of the Crime and Disorder Act 1998” insert “ or section 366 or 369 of the Sentencing Code ”.
in paragraph (a), for “under section 207 of the Criminal Justice Act 2003” substitute “ within the meaning given by paragraph 16 of Schedule 9 to the Sentencing Code ”;
in paragraph (b), for “under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ within the meaning given by paragraph 28 of Schedule 6 to that Code ”.
In the definition of “youth rehabilitation order”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.
In section 84A(5) of the Housing Act 1985, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert “ or section 339 of the Sentencing Code ”.
In Schedule 3 to that Act, under Ground 2A, in the definition of “relevant order”, for “an order under section 22 of that Act” substitute “ a criminal behaviour order within the meaning given by section 330 of the Sentencing Code ”.
In section 2(1) of the Surrey Act 1985, in the definition of “the standard scale”, for “section 37 (3) of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(clwyd)(county)(council)(act)(1985)(c)(xliv)
Clwyd County Council Act 1985 (c. xliv)
In section 2(1) of the Clwyd County Council Act 1985, in the definition of “the standard scale”, for “section 37 of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.
In section 281(4A) of the Insolvency Act 1986, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(justice)(act)(1988)(c)(33)
Criminal Justice Act 1988 (c. 33)
In subsection (3A), for “an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence)” substitute “ a minimum term order made under section 321 of the Sentencing Code in respect of an offence the sentence for which is fixed by law ”.
in paragraph (c), for “an order specified in subsection (3B)” substitute “ a minimum term order made under section 321 of the Sentencing Code ”;
In section 159(1)(aa) of that Act, after “by the Crown Court under” insert “ section 39(7) or (8) of the Sentencing Code or ”.
Sch.24 Pt.1(crossheading)(firearms)(amendment)(act)(1988)(c)(45)
Firearms (Amendment) Act 1988 (c. 45)
In subsection (4A)(bb), for “subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 1 of Schedule 20 to the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(copyright)(designs)(and)(patents)(act)(1988)(c)(48)
Copyright, Designs and Patents Act 1988 (c. 48)
In section 108(6) of the Copyright, Designs and Patents Act 1988, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
In section 199(6) of that Act, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
In Schedule 2 to the Housing Act 1988, under Condition 3 of Ground 7A, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert or “ section 339 of the Sentencing Code ”.
In section 164(5) of the Road Traffic Act 1988, for “section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 168 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(road)(traffic)(offenders)(act)(1988)(c)(53)
Road Traffic Offenders Act 1988 (c. 53)
in paragraph (a), for “section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 or any enactment mentioned in subsection (4) of that section” substitute “ section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that section ”;
in paragraph (b), for “section 10 of that Act” substitute “ section 28 of that Code ”.
In subsection (4A), after “or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 164 of the Sentencing Code ”.
In subsection (4AA), in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.
In subsection (2A), in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.
In subsection (5), after “or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 164 of the Sentencing Code ”.
in paragraph (a), for “section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs)” substitute “ section 321(2) of the Sentencing Code (life sentence: minimum term order) ”;
in paragraph (b), for “under section 100 of that Act” substitute “ within the meaning given by section 233 of that Code ”;
for “section 226A of the Criminal Justice Act 2003” substitute “ section 266 or 279 of that Code ”;
for “section 226A(5)(a) of that Act” substitute “ section 266(a) or 279(a) of that Code ”;
for “section 226B of that Act” substitute “ section 254 of that Code ”;
for “section 226B(3)(a) of that Act” substitute “ section 254(a) of that Code ”;
for “section 236A of that Act” substitute “ section 265 or 278 of that Code ”;
for “section 236A(2)(a) of that Act” substitute “ section 265(2)(a) or 278(2)(a) of that Code ”;
in the definition of “custodial sentence”, for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222 of the Sentencing Code ”;
in the definition of “suspended sentence”, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286 of the Sentencing Code ”.
In section 37(1B) of that Act, in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.
In section 42(3B) of that Act, in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.
In subsection (1), for “section 14(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(4) of the Sentencing Code ”.
In subsection (2), for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(2) of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(football)(spectators)(act)(1989)(c)(37)
Football Spectators Act 1989 (c. 37)
In section 14A(5) of the Football Spectators Act 1989, for “sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.
in sub-paragraph (ia), for “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code ”;
in sub-paragraph (ii), for “paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 25 of Schedule 7 to that Code ”.
In section 31(7)(b)(ii) of that Act, for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.
In section 105(6)(ba) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
In paragraph 6(2), for “section 199(2)(a) of the Criminal Justice Act 2003” substitute “ paragraph 3B(1)(b)(i) ”.
In paragraph 8(8), “the same meaning as in section 197 of the Criminal Justice Act 2003 (as modified by paragraph 2)” substitute “ the meaning given by paragraph 1 ”.
for “section 199(2)(b) of the Criminal Justice Act 2003, as substituted by paragraph 3” substitute “ paragraph 3B(1)(b)(ii) ”;
In Schedule 2 to that Act, in paragraph 21(7), at the end of paragraph (c) insert “ or section 260 of the Sentencing Code ”.
In paragraph 13(2)(c), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
In paragraph 14(1), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.
In Schedule 8 to that Act, in paragraph 3(a), for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(environmental)(protection)(act)(1990)(c)(43)
Environmental Protection Act 1990 (c. 43)
Section 33B of the Environmental Protection Act 1990 is amended as follows.
In subsection (2), for “section 130(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 133(a) of the Sentencing Code ”.
In subsection (5), for “the reference in section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a reference in section 139(2) or (3) of the Sentencing Code ”.
In section 33C(8) of that Act, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
In section 59(8A), for “a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made ”.
In section 59ZB(10), for “a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made ”.
Sch.24 Pt.1(crossheading)(criminal)(justice)(act)(1991)(c)(53)
Criminal Justice Act 1991 (c. 53)
In subsection (3)(a), for “section 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132 of the Sentencing Code ”.
In subsection (3A), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
In subsection (4), in paragraph (ba) of the definition of “fine”, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
In sub-paragraph (2)(b), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”.
In sub-paragraph (2A)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
for “paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to the Criminal Justice Act 2003” substitute “ paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code ”;
for “paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code ”.
for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;
In section 121(2) of the Social Security Administration Act 1992, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(aggravated)(vehicletaking)(act)(1992)(c)(11)
Aggravated Vehicle-Taking Act 1992 (c. 11)
In section 1(2)(a) of the Aggravated Vehicle-Taking Act 1992, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(prisoners)(and)(criminal)(proceedings)(scotland)(act)(1993)(c)(9)
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
In section 1AB(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993—
for “the Counter-Terrorism Act 2008” substitute “ that Act or section 69 of the Sentencing Code ”;
in paragraph (c), after “that Act” insert “ or section 69 of that Code (as applied by section 238(6) of the Armed Forces Act 2006) ”.
In subsection (5)(b), after “the Criminal Justice Act 2003,” insert “ section 321(2) of the Sentencing Code or ”.
Sch.24 Pt.1(crossheading)(vehicle)(excise)(and)(registration)(act)(1994)(c)(22)
Vehicle Excise and Registration Act 1994 (c. 22)
In section 32(1)(a) of the Vehicle Excise and Registration Act 1994, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.
In section 41(1)(a) of that Act, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(justice)(and)(public)(order)(act)(1994)(c)(33)
Criminal Justice and Public Order Act 1994 (c. 33)
In section 15 of the Criminal Justice and Public Order Act 1994, in the definition of “youth detention accommodation”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ section 248(1) of the Sentencing Code ”.
In section 25(5) of that Act, in paragraph (a) of the definition of “the relevant enactments”, after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.
for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;
for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”.
Sch.24 Pt.1(crossheading)(goods)(vehicles)(licensing)(of)(operators)(act)(1995)(c)(23)
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995, in paragraph 3(3)(b), after “under section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(procedure)(scotland)(act)(1995)(c)(46)
Criminal Procedure (Scotland) Act 1995 (c. 46)
In section 222(8) of the Criminal Procedure (Scotland) Act 1995, for “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 129 of the Sentencing Code ”.
In paragraph 5(3), for “an order made by the Secretary of State by virtue of section 215(3) of the 2003 Act” substitute “ regulations made by the Secretary of State by virtue of paragraph 31(2) of Schedule 9 to the Sentencing Code ”.
in paragraph (a) of the definition of “corresponding order”, for “the meaning of Part 1 of the 2008 Act” substitute “ the meaning given by section 173 of the Sentencing Code ”;
in paragraph (b) of that definition, for “the meaning of Part 12 of the 2003 Act” substitute “ the meaning given by section 200 of that Code ”;
in paragraph (a) of the definition of “relevant area” omit “(within the meaning given by section 7(1) of the 2008 Act)”;
in paragraph (a) of the definition of “relevant service”, for “a youth offending team within the meaning given by section 7(1) of the 2008 Act” substitute “ a team established under section 39 of the Crime and Disorder Act 1998 (youth offending teams) ”;
in paragraph (a) of the definition of “responsible officer”, for “section 4 of the 2008 Act” substitute “ section 191 of the Sentencing Code ”;
in paragraph (b) of that definition, for “section 197 of the 2003 Act” substitute “ section 213 of that Code ”.
In section 26(1) of the London Local Authorities Act 1995, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(procedure)(and)(investigations)(act)(1996)(c)(25)
Criminal Procedure and Investigations Act 1996 (c. 25)
In the Criminal Procedure and Investigations Act 1996, in the italic heading before section 58, at the end insert “ (Northern Ireland) ”.
In subsection (2), in paragraphs (a) and (b), after “a court” insert “ in Northern Ireland ”.
In section 59(1) of that Act, in paragraphs (a) and (b), for “Great Britain” substitute “ Northern Ireland ”.
Omit sections 58 to 60 and section 61(1) to (3) of that Act except so far as they extend to Northern Ireland.
In section 179(5) of the Housing Act 1996, in paragraph (g) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.
In subsection (1A)(b)(i), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ section 248(1) of the Sentencing Code ”.
In subsection (2)(b), for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
In Schedule 1 to the Social Security (Recovery of Benefits) Act 1997, in paragraph 2, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or Chapter 2 of Part 7 of the Sentencing Code, ”.
Sch.24 Pt.1(crossheading)(protection)(from)(harassment)(act)(1997)(c)(40)
Protection from Harassment Act 1997 (c. 40)
In section 5A of the Protection from Harassment Act 1997, for subsection (2) substitute—
Sch.24 Pt.1(crossheading)(crime)(sentences)(act)(1997)(c)(43)
Crime (Sentences) Act 1997 (c. 43)
in paragraph (b), after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;
in paragraph (c), for the words after “custody for life” substitute “ under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, under section 272 or 275 of the Sentencing Code (including a sentence passed as a result of section 217 of the Armed Forces Act 2006) or under section 210A of the Armed Forces Act 2006 ”.
In section 35(1)(b) of that Act, for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.
In section 40(1)(b) of that Act, for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.
In paragraph 6(3)(aa), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(2)(b) of the Sentencing Code ”.
in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
for “sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
in paragraph (f), for “in section 103(3), for paragraph (c)” substitute “ in section 242(2)(a), for sub-paragraph (ii) ”;
in paragraph (fa), for “section 103(4)” substitute “ section 242(6) ”;
in paragraph (g), for “section 103(5)” substitute “ section 242(7) ”;
in paragraph (h), for “in section 104, for subsection (1)” substitute “ in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2) ”;
in the substituted text set out in paragraph (h), for “ section 103(6)(b) ” substitute “section 242(4)(b)”;
in paragraph (j), for “section 104(6)” substitute “ paragraph 3(11) of that Schedule ”;
in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”;
in the definition of “sentence of imprisonment”, after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000)” insert “ or section 272 or 275 of the Sentencing Code ”;
after “under section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”;
in sub-paragraph (iii), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code ”;
in sub-paragraph (iv), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code ”.
after “under section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”;
in sub-paragraph (iii), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code ”;
in sub-paragraph (iv), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(crime)(and)(disorder)(act)(1998)(c)(37)
Crime and Disorder Act 1998 (c. 37)
Section 8 of the Crime and Disorder Act 1998 (“the CDA 1998”) is amended as follows.
in paragraph (b), for “, an order is made under section 22 of that Act or a” substitute “ or a criminal behaviour order or ”.
In subsection (1B), for “an order is made under section 22 of that Act” substitute “ a criminal behaviour order ”.
in paragraph (fa), for “(within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)” substitute “ under Chapter 1 of Part 9 of the Sentencing Code ”;
in paragraph (fb), for “that Part”, in both places, substitute “ that Chapter ”.
in paragraph (i), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ , section 250, 254 or 259 of the Sentencing Code ”;
in paragraph (k), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83(1) of the Sentencing Code ”.
for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”;
for “that Act or” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000, detention and training orders within the meaning given by section 233 of the Sentencing Code, orders under paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code or orders under ”.
In paragraph (i)(ii), after “sentenced under” insert “ section 250, 254 or 259 of the Sentencing Code, ”.
for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”;
after “a determination under” insert “ section 241(1) of that Code, paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code, ”;
for “that Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.
In paragraph (j)(ii), after “a direction by the Secretary of State under” insert “ section 260 of the Sentencing Code or ”.
In paragraph (ja), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.
for “subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;
for “subsection (3) of that section” substitute “ section 251(2) of that Code ”.
for “of section 224 of the Criminal Justice Act 2003” substitute “ given by section 306 of the Sentencing Code ”;
for “the criteria for the imposition of a sentence under section 226B of that Act” substitute “ the criteria in section 255(1) of that Code for the imposition of an extended sentence of detention ”.
In subsection (12)(b), for “section 51A(1) of the Firearms Act 1968” substitute “ section 311(1) of the Sentencing Code ”.
In section 66ZB(6)(a) of the CDA 1998, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
In section 66F(a) of the CDA 1998, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
In section 117(1) of the CDA 1998, in the definition of “custodial sentence”, for “the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.
In paragraph (b) of paragraph 10(2) as it has effect without the amendment made by paragraph 20(10)(a) of Schedule 3 to the Criminal Justice Act 2003—
for “section 3 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 of the Sentencing Code ”;
In paragraph (c) of paragraph 10(2) as substituted by paragraph 20(10)(a) of Schedule 3 to the Criminal Justice Act 2003—
for “section 224 of the Criminal Justice Act 2003” substitute “ section 306 of the Sentencing Code ”;
for “section 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 15 of the Sentencing Code ”;
Sch.24 Pt.1(crossheading)(youth)(justice)(and)(criminal)(evidence)(act)(1999)(c)(23)
Youth Justice and Criminal Evidence Act 1999 (c. 23)
In Schedule 2 to the Youth Justice and Criminal Evidence Act 1999, in paragraph 3(9), in the inserted subsection (13)—
in paragraph (c)(i), for “section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;
in paragraph (c)(ii), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4)(b) of the Sentencing Code ”;
in paragraph (g)(ii), for the words before “there were substituted” substitute “ for the references to Part 1 or 2 of Schedule 18 to the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(powers)(of)(criminal)(courts)(sentencing)(act)(2000)(c)(6)
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
In section 60(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, for “section 89 below (restrictions on imprisonment of young offenders and defaulters)” substitute “ section 227 of the Sentencing Code (restriction on imposing imprisonment on persons under 21) ”.
In section 108(1) of that Act, for “section 89(1) above” substitute “ section 227(2) of the Sentencing Code ”.
In the italic heading before section 139 of that Act, for “fines” substitute “ recognizances ”.
for “imposes a fine on any person or forfeits his recognizance” substitute “ forfeits a person's recognizance ”;
for “imposes a fine on any person or forfeits his recognizance” substitute “ forfeits a person's recognizance ”;
omit “(but this subsection does not apply where the court imposes a fine on an offender who was aged under 18 at the time of conviction)”.
In paragraph (za), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
In paragraph (ba), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
In paragraph (c), for “a compensation order” substitute “ an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ”.
In paragraph (d), for “section 137 above” substitute “ section 380(1) of the Sentencing Code ”.
In paragraph 1(1)(b), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”.
In paragraphs 2(5)(b) and 3(3)(b), for “section 152(2) of the Criminal Justice Act 2003” substitute “ section 230(2) of the Sentencing Code ”.
after “Counter-Terrorism Act 2008” insert “ or Schedule 1 to the Sentencing Code ”;
in paragraph (a), after “that Act” insert “ or section 69 of the Sentencing Code ”.
in paragraph 1, in the definition of “relevant offence”, in paragraph (c), for “Schedule 2 to the Counter-Terrorism Act 2008” substitute “ Schedule 1 to the Sentencing Code ”;
in paragraph 4A(3), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(justice)(and)(court)(services)(act)(2000)(c)(43)
Criminal Justice and Court Services Act 2000 (c. 43)
in paragraph (c), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;
in paragraph (d), after “that Act” insert “ or section 250 of that Code ”;
in paragraph (e), after “that Act” insert “ or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;
in paragraph (f), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.
In section 62A(4)(b) of that Act, after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.
in paragraph (c), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;
in paragraph (d), after “that Act” insert “ or section 250 of that Code ”;
in paragraph (e), after “that Act” insert “ or section 272 or 275 of that Code ”.
In section 64A(8) of that Act, in the definition of “sentence of imprisonment”—
in paragraph (b), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;
in paragraph (c), after “that Act” insert “ or section 250 of that Code ”;
in paragraph (d), after “that Act” insert “ or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;
in paragraph (e), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.
In section 6B(14)(b)(ii) of the Social Security Fraud Act 2001, for “section 189(7)(b) of the Criminal Justice Act 2003” substitute “ section 286(6) of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(justice)(and)(police)(act)(2001)(c)(16)
Criminal Justice and Police Act 2001 (c. 16)
In section 3(2A) of the Criminal Justice and Police Act 2001, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(international)(criminal)(court)(act)(2001)(c)(17)
International Criminal Court Act 2001 (c. 17)
In Schedule 7 to the International Criminal Court Act 2001, in paragraph 2(1)(d), after “sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(antiterrorism)(crime)(and)(security)(act)(2001)(c)(24)
Anti-terrorism, Crime and Security Act 2001 (c. 24)
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001, paragraph 16 is amended as follows.
In sub-paragraph (3)(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
In sub-paragraph (4)(a), for “or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ or a restitution order within the meaning given by section 147 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(proceeds)(of)(crime)(act)(2002)(c)(29)
Proceeds of Crime Act 2002 (c. 29)
In section 6(2)(b) of the Proceeds of Crime Act 2002 (“the POCA 2002”), for “section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act” substitute “ any provision of sections 14 to 20 of the Sentencing Code ”.
in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”;
in paragraph (c), for “section 143 of the Sentencing Act” substitute “ Chapter 4 of Part 7 of the Sentencing Code ”.
in paragraph (a), for “section 130 of the Sentencing Act” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;
in paragraph (b), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
in paragraph (d), for “of the Sentencing Act” substitute “ of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;
in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.
in paragraph (d), for “section 130 of the Sentencing Act” substitute “ section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;
in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of that Code ”.
In section 27(2)(b) of the POCA 2002, for “section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act” substitute “ any provision of sections 14 to 20 of the Sentencing Code ”.
In subsection (2), for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.
in paragraph (a), for “section 189(1) of the Criminal Justice Act 2003” substitute “ section 264 or 277 of the Sentencing Code ”;
in paragraph (c), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.
In subsections (1)(c), (2) and (4), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.
In subsection (5), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of that Code ”.
for “section 3(2) of the Sentencing Act” substitute “ section 14(2) of the Sentencing Code ”;
for “section 3B(2) of that Act” substitute “ section 16(2) of that Code ”.
In section 82(2)(d) of the POCA 2002, for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 4 of Part 7 of the Sentencing Code ”.
In section 118(2C) and (2D)(b) of the POCA 2002, for “139 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ 129 of the Sentencing Code ”.
In section 148(2)(d) of the POCA 2002, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.
In section 230(2)(d) of the POCA 2002, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.
In subsection (4)(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
In subsection (5)(a), for “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(railways)(and)(transport)(safety)(act)(2003)(c)(20)
Railways and Transport Safety Act 2003 (c. 20)
In section 11(4)(a) of the Railways and Transport Safety Act 2003, for “section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 224 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(crime)(international)(cooperation)(act)(2003)(c)(32)
Crime (International Co-operation) Act 2003 (c. 32)
In section 54(3A)(c) of the Crime (International Co-operation) Act 2003, after “section 147A of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 166 of the Sentencing Code ”.
In Schedule 5 to the Courts Act 2003, in paragraph 2(2), in the definition of “a sum required to be paid by a compensation order”, after “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(sexual)(offences)(act)(2003)(c)(42)
Sexual Offences Act 2003 (c. 42)
In section 88(4)(c) of the Sexual Offences Act 2003 (“the SOA 2003”), at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
In section 89(1) of the SOA 2003, in the entry in column 1 of the table beginning “A person who is the subject”, at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
In section 91A(2)(b) of the SOA 2003, at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
In section 103C(6) of the SOA 2003, after “another),” insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction), ”.
In section 113(1ZA) of the SOA 2003, at the end of paragraph (a) insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
in paragraph (h), after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6),” insert “ section 250 or 259 of the Sentencing Code, ”;
in paragraph (i), after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 272 or 275 of the Sentencing Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;
in paragraph (l), after “section 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.
in the definition of “order for conditional discharge”, for paragraph (a) substitute—
in the definition of “the period of conditional discharge”, for paragraph (a) substitute—
In section 134(1)(a) of the SOA 2003, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 82(2) of the Sentencing Code ”.
In section 136ZA(1)(a) of the SOA 2003, after “order” insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
In subsection (1), after “In this Act” insert “ and in sections 343 to 354 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
In subsection (2), after “103A(1)” insert “ of this Act, and section 345 of the Sentencing Code, ”.
In subsection (3)(a), after “103J” insert “ of this Act, and sections 355 to 357 of the Sentencing Code, ”.
In subsection (3)(b), after “103I” insert “ of this Act, and sections 343 to 354 and 358 of the Sentencing Code, ”.
after “103E” insert “ of this Act, or an application under section 350 of the Sentencing Code, ”;
in sub-paragraph (ii), after “103E(7)” insert “ of this Act, or section 350(7) of the Sentencing Code, ”;
in sub-paragraph (iii), after “103E” insert “ of this Act or section 350 of the Sentencing Code ”.
after “103E” insert “ of this Act, or an application under section 350 of the Sentencing Code, ”;
in sub-paragraph (ii), after “103E” insert “ of this Act or section 350 of the Sentencing Code ”.
In Schedule 3 to the SOA 2003, in paragraph 96(a), for “the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(criminal)(justice)(act)(2003)(c)(44)
Criminal Justice Act 2003 (c. 44)
in paragraph (aa), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;
in paragraph (b), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”.
for “the Sentencing Act or under” substitute “ the PCC(S)A 2000, under ”;
after “of this Act” insert “ or under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code ”.
in paragraph (b), for “section 91 of the Sentencing Act” substitute “ section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code ”;
in paragraph (ba), after “section 226A of this Act” insert “ or section 266 or 279 of the Sentencing Code ”;
in paragraph (bb), after “section 226B of this Act” insert “ or section 254 of the Sentencing Code ”;
in paragraph (e), after “section 236A of this Act” insert “ or section 265 or 278 of the Sentencing Code ”.
In subsection (1C), after “section 240ZA or 265” insert “ of this Act or section 225 of the Sentencing Code ”.
after “of this Act” insert “ or under section 262, 265 or 266 of the Sentencing Code ”.
In subsection (7)(a), for “paragraph 8(2)(a) or (b) of Schedule 12” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.
In subsection (11), for “of the Sentencing Act or” substitute “ of the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under ”.
in paragraph (a), after “in respect of an offence” insert “ of which the offender was convicted before 1 December 2020 ”.
In subsection (11)(a)(i) and (ii), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”.
In subsection (11)(b), for “subsection (2)” substitute “ subsections (2) and (3ZB) ”.
In the heading, after “section 240A” insert “ or under section 325 of the Sentencing Code ”.
after “a direction under section 240A” insert “ or under section 325 of the Sentencing Code ”;
after “the direction under section 240A” insert “ or under section 325 of the Sentencing Code ”.
In subsection (2A), for “subsection (2)” substitute “ section 327(3) of the Sentencing Code ”.
In the heading, for “section 236A” substitute “ section 278 of the Sentencing Code etc ”.
In subsection (1), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
In subsection (6), in the definition of “the appropriate custodial term”, after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
in paragraph (a), after “under section 226A, 227, 228 or 236A” insert “ or under section 265, 266, 278 or 279 of the Sentencing Code ”;
in paragraph (d), after “paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8” insert “ , or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code, ”;
in paragraph (ha), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”;
in paragraph (i), after “section 240A” insert “ or under section 325 of the Sentencing Code ”.
In subsection (6), in the definition of “term of imprisonment”, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code ”.
In the heading, for “section 226A or 226B” substitute “ section 254, 266 or 279 of the Sentencing Code etc ”.
In subsection (1), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”.
In subsection (8), in the definition of “appropriate custodial term”, after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”.
Section 247A of the CJA 2003 (inserted by section 1 of the Terrorist Offenders (Restriction of Early Release) Act 2020) is amended as follows.
after “section 30” insert “ of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code ”;
in paragraph (c), after “that Act” insert “ or section 69 of the Sentencing Code as applied by section 238(6) of the Armed Forces Act 2006 ”.
In subsection (6), after “under section 226A, 226B, 227, 228 or 236A” insert “ or under section 254, 265, 266, 278 or 279 of the Sentencing Code ”.
In subsection (8), in the definition of “the appropriate custodial term” and in paragraph (a) of the definition of “the requisite custodial period”, after “under section 226A, 226B, 227, 228 or 236A,” insert “ or under section 254, 265, 266, 278 or 279 of the Sentencing Code, ”.
after “a sentence imposed under section 226A, 227 or 236A” insert “ or under section 278 or 279 of the Sentencing Code ”;
for “the Sentencing Act or” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under ”.
in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;
in paragraph (b), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
In subsection (1)(a), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”.
In subsection (1A)(a), for “section 91 or 96 of the Sentencing Act” substitute “ section 250 or 262 of the Sentencing Code ”.
In section 258(3A) of the CJA 2003, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.
after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code, ”;
after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
In section 263(4) of the CJA 2003, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.
in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;
in paragraph (c), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
for “228,” substitute “ 228 of this Act or section 254, 266 or 279 of the Sentencing Code, ”;
for “236A,” substitute “ 236A of this Act or section 265 or 278 of that Code, ”.
In subsection (7), for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.
in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;
in paragraph (c), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
In section 273(3) of the CJA 2003, for paragraphs (a) and (b) substitute “ a minimum term order or a whole life order under section 321 of the Sentencing Code ”.
In section 274(2) of the CJA 2003, for the words from “in subsections” to “the Sentencing Act” substitute “ in sections 321 to 323 of the Sentencing Code ”.
In subsection (1)(b), for “section 89 of the Sentencing Act” substitute “ section 227 of the Sentencing Code ”.
in paragraph (a), for “section 199” substitute “ paragraph 1 of Schedule 9 to the Sentencing Code ”;
in paragraph (b), for “section 204” substitute “ paragraph 9 of that Schedule ”;
in paragraph (c), for “section 214” substitute “ paragraph 27 of that Schedule ”.
In subsection (4), for “Subsections (3) and (4) of section 177” substitute “ Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code ”.
In section 301(1)(b) of the CJA 2003, for “section 89 of the Sentencing Act” substitute “ section 227 of the Sentencing Code ”.
In the definition of “associated”, for “section 161(1) of the Sentencing Act” substitute “ section 400 of the Sentencing Code ”.
In the definition of “community order”, for “section 177(1)” substitute “ section 200 of the Sentencing Code ”.
In the definition of “curfew requirement”, for “section 204” substitute “ paragraph 9(1) of Schedule 9 to the Sentencing Code ”.
In the definition of “custodial sentence”, for “section 76 of the Sentencing Act” substitute “ section 222 of the Sentencing Code ”.
In the definition of “suspended sentence” and “suspended sentence order”, for “section 189(7)” substitute “ section 286 of the Sentencing Code ”.
in sub-paragraph (v), for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 of the Sentencing Code ”;
in sub-paragraph (vi), after “section 226B or 228” insert “ or under section 254 of the Sentencing Code ”.
In the section reference, for “Section 224” substitute “ Section 327(3)(a) ”.
In the Schedule heading, for “Chapter 5 of Part 12” substitute “ section 325 ”.
In the section reference, for “Sections 224A, 226A and 246A” substitute “ Section 246A ”.
In the Schedule heading, for “sections 224A, 226A and 246A” substitute “ section 246A ”.
In the heading of Part 1, for “sections 224A(1), 224A(4), 226A and 246A” substitute “ section 246A ”.
In the heading of Part 2, for “sections 224A(4), 226A and 246A” substitute “ section 246A ”.
In the heading of Part 3, for “sections 224A(4), 226A and 246A” substitute “ section 246A ”.
In Schedule 19ZA to the CJA 2003, in the heading of Part 2, after “Counter-Terrorism Act 2008” insert “ or Sentencing Code ”.
in sub-paragraph (1), for “section 199” substitute “ paragraph 2 of Schedule 9 to the Sentencing Code ”;
in sub-paragraph (2), for the words from the beginning to “in the case” substitute—
in sub-paragraph (1), for “section 204” substitute “ paragraph 9 of Schedule 9 to the Sentencing Code ”;
In paragraph 3A, for the words from the beginning to “be—” substitute “In its application to a default order, paragraph 27(3) of Schedule 9 to the Sentencing Code (attendance centre requirement) is modified by the substitution for the words after “must” of “be—”.
in sub-paragraph (1), for “section 220(1)” substitute “ section 215 of the Sentencing Code ”;
In paragraph 3C, for “Section 220A” substitute “ Section 216 of the Sentencing Code ”.
in sub-paragraph (1), for “Schedule 8 (breach, revocation or amendment of community orders)” substitute “ Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) ”;
in sub-paragraph (3), for “and deal with the offender” substitute “ and re-sentence the offender ”;
in sub-paragraph (4A), for “paragraphs 16 and 16A” substitute “ paragraphs 16 and 17 ”.
In paragraph 6, for “Schedule 9” substitute “ Schedule 11 to the Sentencing Code ”.
In Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003, in paragraph 1(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(domestic)(violence)(crime)(and)(victims)(act)(2004)(c)(28)
Domestic Violence, Crime and Victims Act 2004 (c. 28)
In section 6(5) of the Domestic Violence, Crime and Victims Act 2004, for “section 8 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 25 of the Sentencing Code ”.
in paragraph (c) of the definition of “relevant sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 250 of the Sentencing Code ”;
in the definition of “supervision requirements”, for “section 103(6) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4) of the Sentencing Code ”.
In subsection (2)(a), for “Schedule 15 to the Criminal Justice Act 2003 (c. 44)” substitute “ Schedule 18 to the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(constitutional)(reform)(act)(2005)(c)(4)
Constitutional Reform Act 2005 (c. 4)
In Schedule 7 to the Constitutional Reform Act 2005, in paragraph 4, under the heading “A: GENERAL”—
Sch.24 Pt.1(crossheading)(serious)(organised)(crime)(and)(police)(act)(2005)(c)(15)
Serious Organised Crime and Police Act 2005 (c. 15)
In section 73(1) of the Serious Organised Crime and Police Act 2005, after “This section applies if” insert “ in Northern Ireland ”.
In section 74(1) of that Act, after “This section applies if” insert “ in Northern Ireland ”.
Sch.24 Pt.1(crossheading)(government)(of)(wales)(act)(2006)(c)(32)
Government of Wales Act 2006 (c. 32)
Sch.24 Pt.1(crossheading)(wireless)(telegraphy)(act)(2006)(c)(36)
Wireless Telegraphy Act 2006 (c. 36)
In Schedule 5 to the Wireless Telegraphy Act 2006, in paragraph 7, for paragraph (a) substitute—
Sch.24 Pt.1(crossheading)(violent)(crime)(reduction)(act)(2006)(c)(38)
Violent Crime Reduction Act 2006 (c. 38)
in paragraph (a), for “the meaning of section 196 of the Criminal Justice Act 2003 (c. 44)” substitute “ the meaning given by section 397(1) of the Sentencing Code ”;
in paragraph (b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of that Code ”.
Sch.24 Pt.1(crossheading)(safeguarding)(vulnerable)(groups)(act)(2006)(c)(47)
Safeguarding Vulnerable Groups Act 2006 (c. 47)
In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, in paragraph 18(6)(c), after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(offender)(management)(act)(2007)(c)(21)
Offender Management Act 2007 (c. 21)
in paragraph (a), for “paragraph 13, 14, 17, 19A or 20 of Schedule 8 to the Criminal Justice Act 2003” substitute “ paragraph 14, 15, 18, 20 or 21 of Schedule 10 to the Sentencing Code ”;
in paragraph (b), for “paragraph 13, 15, 17 or 18 of Schedule 12 to that Act” substitute “ paragraph 22, 25 or 27 of Schedule 16 to that Code ”;
in paragraph (a), after “section 226A or 227 of the Criminal Justice Act 2003 (c. 44)” insert “ or under section 279 of the Sentencing Code ”;
in paragraph (c), after “under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or under section 259 of the Sentencing Code ”;
in paragraph (d), after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , or under section 250 of the Sentencing Code, ”;
in paragraph (e), after “under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or under section 272 or 275 of the Sentencing Code ”;
in paragraph (f), after “section 226, 226B or 228 of the Criminal Justice Act 2003 (c. 44)” insert “ or under section 254 or 258 of the Sentencing Code ”.
In section 36(5) of the Serious Crime Act 2007, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.
In section 8 of the London Local Authorities Act 2007, for subsection (8) substitute—
Sch.24 Pt.1(crossheading)(criminal)(justice)(and)(immigration)(act)(2008)(c)(4)
Criminal Justice and Immigration Act 2008 (c. 4)
Section 39 of the Criminal Justice and Immigration Act 2008 is amended as follows.
In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 227 of the Sentencing Code ”.
in paragraph (a), for “paragraph 10 of Schedule 1” substitute “ Part 3 of Schedule 6 to the Sentencing Code ”;
in paragraph (b), for “(within the meaning of section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6))” substitute “ made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ”;
in paragraph (c), at the end insert “ or section 42 of the Sentencing Code ”;
In section 117(1) of that Act, in paragraph (a) of the definition of “custodial sentence”—
for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 222(1) of the Sentencing Code ”;
for “any earlier enactment” substitute “ any enactment passed before that section came into force ”.
in sub-paragraph (2), for “Sub-paragraph (2) has effect as if for paragraphs (a) and (b)” substitute “ In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) ”;
in sub-paragraph (1), for “paragraph 12 of Schedule 1” substitute “ paragraph 14 of Schedule 6 to the Sentencing Code ”;
in sub-paragraph (1), for “paragraph 14 of Schedule 1” substitute “ paragraph 18 of Schedule 6 to the Sentencing Code ”;
in sub-paragraph (1), for “Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)” substitute “ Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) ”;
in sub-paragraph (1), for “Schedule 3” substitute “ Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) ”;
after “section 39(7)” insert “ of the Criminal Justice and Immigration Act 2008 ”;
Sch.24 Pt.1(crossheading)(education)(and)(skills)(act)(2008)(c)(25)
Education and Skills Act 2008 (c. 25)
In section 55(1) of the Education and Skills Act 2008, in paragraph (b) of the definition of “the relevant sum”, for “section 161A of the Criminal Justice Act 2003 (c. 44)” substitute “ section 42 of the Sentencing Code ”.
In section 56(7)(b)(ii) of that Act, for “section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 380(1) of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(counterterrorism)(act)(2008)(c)(28)
Counter-Terrorism Act 2008 (c. 28)
In subsection (1), for “in England and Wales, or in Northern Ireland,” substitute “ in Northern Ireland ”.
after “Schedule 2,” insert “ or regulations are made under paragraph 1 of Schedule 23 to the Sentencing Act 2020 removing an offence from the list in Schedule 1 to the Sentencing Code, ”;
in sub-paragraph (iv), after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 250 of the Sentencing Code ”;
in sub-paragraph (v), for “of that Act” substitute “ of the Powers of Criminal Courts (Sentencing) Act 2000 or under Chapter 2 of Part 10 of the Sentencing Code ”;
in sub-paragraph (via), after “section 226B of that Act” insert “ or under section 254 of the Sentencing Code ”.
in paragraph 2(1), for “section 32” substitute “ section 69 of the Sentencing Code (as applied by section 238(6) of the Armed Forces Act 2006) ”;
in paragraph 5(1)(a)(via), after “section 226B of that Act” insert “ or section 254 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(coroners)(and)(justice)(act)(2009)(c)(25)
Coroners and Justice Act 2009 (c. 25)
In section 120(3)(a) of the Coroners and Justice Act 2009, for “section 144 of the Criminal Justice Act 2003 (c. 44)” substitute “ section 73 of the Sentencing Code ”.
in paragraph (a), for “section 144 of the Criminal Justice Act 2003 (c. 44)” substitute “ section 73 of the Sentencing Code ”;
in paragraph (b), for “sections 73 and 74 of the Serious Organised Crime and Police Act 2005” substitute “ sections 74, 387 and 388 of the Sentencing Code ”.
in paragraph (a), for “the meaning of section 177 of the Criminal Justice Act 2003 (c. 44)” substitute “ the meaning given by section 200 of the Sentencing Code ”;
in paragraph (b), for “the meaning of section 189(7) of that Act” substitute “ the meaning given by section 286 of that Code ”;
in paragraph (c), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (c. 4)” substitute “ the meaning given by section 173 of that Code ”.
In section 136 of that Act, in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 248(1) of the Sentencing Code ”.
In section 158(3)(a) of that Act, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 82(2) of the Sentencing Code ”.
In section 164(3)(d) of that Act, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.
In Schedule 14 to the Localism Act 2011, in paragraph 6(4), for paragraph (g) substitute—
Sch.24 Pt.1(crossheading)(terrorism)(prevention)(and)(investigation)(measures)(act)(2011)(c)(23)
Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
In section 23(5)(a) of the Terrorism Prevention and Investigation Measures Act 2011, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(legal)(aid)(sentencing)(and)(punishment)(of)(offenders)(act)(2012)(c)(10)
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
In section 94(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—
in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.
In section 99(10) of that Act, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”.
In section 102(2)(d) of that Act, for “order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ regulations under section 248(1)(f) of the Sentencing Code ”.
In the definition of “extended sentence prisoner”, after “under section 226A or 226B of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.
In the definition of “section 236A prisoner”, after “under section 236A of the Criminal Justice Act 2003” insert “ or section 265 or 278 of the Sentencing Code ”.
In Part 1, in paragraph 1(1), at the end of paragraph (e) insert “ or section 366 or 369 of the Sentencing Code ”.
In Part 3, in paragraphs 6(a) and 8(c), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”.
for “Sections 131 to 133 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Sections 141 to 143 of the Sentencing Code ”;
Sch.24 Pt.1(crossheading)(counterterrorism)(and)(security)(act)(2015)(c)(6)
Counter-Terrorism and Security Act 2015 (c. 6)
In section 10(6)(a) of the Counter-Terrorism and Security Act 2015, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
In subsection (1), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
for “Sections 132 to 134 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Sections 141, 143 and 144 of the Sentencing Code ”;
In section 34(3)(a) of that Act, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(2) of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(psychoactive)(substances)(act)(2016)(c)(2)
Psychoactive Substances Act 2016 (c. 2)
for “This section applies” substitute “ Subsections (2) to (10) apply ”;
in paragraph (a), after “court” insert “ in Scotland or Northern Ireland ”.
Sch.24 Pt.1(crossheading)(data)(protection)(act)(2018)(c)(12)
Data Protection Act 2018 (c. 12)
In Schedule 18 to the Data Protection Act 2018, in paragraph 4(3)(a), after sub-paragraph (i) insert—
Sch.24 Pt.1(crossheading)(stalking)(protection)(act)(2019)(c)(9)
Stalking Protection Act 2019 (c. 9)
In section 8(4) of the Stalking Protection Act 2019, for “subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
Sch.24 Pt.1(crossheading)(offensive)(weapons)(act)(2019)(c)(17)
Offensive Weapons Act 2019 (c. 17)
In section 8(9) of the Offensive Weapons Act 2019, for “paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000” substitute “ paragraph 40 of Schedule 22 to the Sentencing Act 2020 ”.
In section 23(10) of that Act, for “2003” substitute “ 2000 or section 222 of the Sentencing Code ”.
In paragraph 2(3)(i), after “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 385 of the Sentencing Code ”.
In paragraph 8, in paragraph 2(9) of the Schedule 3A treated as inserted into the Criminal Justice Act 2003, after “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 385 of the Sentencing Code ”.
Section 77 of the Social Services and Well-being (Wales) Act 2014 is amended as follows.
in sub-paragraph (i), for “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code ”;
in sub-paragraph (ii), for “paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 25 of Schedule 7 to that Code ”.
in sub-paragraph (i), for “paragraff 4 o Atodlen 1 neu baragraff 6 o Atodlen 8 i Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “paragraff 5 o Atodlen 4 neu baragraff 7 o Atodlen 5 i'r Cod Dedfrydu”;
in sub-paragraph (ii), for “paragraff 21 o Atodlen 2 i Ddeddf Cyfiawnder Troseddol a Mewnfudo 2008” substitute “paragraff 25 o Atodlen 7 i'r Cod hwnnw”.
In section 188(1) of the English language text of that Act, in paragraph (e) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.
In section 188(1) of the Welsh language text of that Act, in paragraph (e) of the definition of “llety cadw ieuenctid” (“youth detention accommodation”), for “drwy orchymyn o dan adran 107(1)(e) o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “drwy reoliadau o dan adran 248(1)(f) o'r Cod Dedfrydu”.
In section 194(6)(c) of the English language text of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
In section 194(6)(c) of the Welsh language text of that Act, for “o dan Ran 1 o Ddeddf Cyfiawnder a Mewnfudo 2008” substitute “ym Mhennod 1 o Ran 9 o'r Cod Dedfrydu”.
In Schedule 1 to the English language text of that Act, in paragraph 1(8), for paragraph (c) substitute—
In Schedule 1 to the Welsh language text of that Act, in paragraph 1(8), for paragraph (c) substitute—
Sch.24 Pt.2(crossheading)(housing)(wales)(act)(2014)(anaw)(7)
Housing (Wales) Act 2014 (anaw 7)
In section 70(1)(j)(i) of the English language text of the Housing (Wales) Act 2014, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.
In section 70(1)(j)(i) of the Welsh language text of that Act, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 222 o'r Cod Dedfrydu”.
In section 99 of the English language text of that Act, in paragraph (e) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.
In section 99 of the Welsh language text of that Act, in paragraph (e) of the definition of “llety cadw ieuenctid” (“youth detention accommodation”), for “gan orchymyn o dan adran 107(1)(e) o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “drwy reoliadau o dan adran 248(1)(f) o'r Cod Dedfrydu”.
In section 120(6) of the English language text of the Regulation and Inspection of Social Care (Wales) Act 2016, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.
In section 120(6) of the Welsh language text of that Act, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000 (p.6)” insert “neu adran 222 o'r Cod Dedfrydu”.
Sch.24 Pt.3(crossheading)(human)(trafficking)(and)(exploitation)(scotland)(act)(2015)(asp)(12)
Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)
In section 34(2)(b)(i) of the Human Trafficking and Exploitation (Scotland) Act 2015, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Sch.24 Pt.3(crossheading)(abusive)(behaviour)(and)(sexual)(harm)(scotland)(act)(2016)(asp)(22)
Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22)
In section 37(5) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, at the end of paragraph (a) insert “ or Chapter 2 of Part 11 of the Sentencing Code ”.
Sch.24 Pt.3(crossheading)(management)(of)(offenders)(scotland)(act)(2019)(asp)(14)
Management of Offenders (Scotland) Act 2019 (asp 14)
If section 18 of the Management of Offenders (Scotland) Act 2019 does not come into force on or before 1 December 2020, subsection (2)(b) of that section is amended as follows—
in sub-paragraph (iii), after “2000” insert “ or section 250 of that Code ”.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
In Article 6(1)(g)(iii) of the Rehabilitation of Offenders (Northern Ireland) Order 1978, at the end insert “ or section 254, 266 or 279 of the Sentencing Code ”.
Recovery of Health Services Charges (Northern Ireland) Order 2006 (S.I. 2006/1944 (N.I. 13))
In Schedule 1 to the Recovery of Health Services Charges (Northern Ireland) Order 2006, in paragraph 1(b), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))
In Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in paragraph 23(3)(b), for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(costs)(in)(criminal)(cases)(general)(regulations)(1986)(si)(19861335)
Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335)
Regulation 14 of the Costs in Criminal Cases (General) Regulations 1986 is amended as follows.
In paragraph (1)(a), for “section 42 of the Powers of Criminal Courts Act 1973” substitute “ section 21 of the Sentencing Code as it applies by virtue of subsection (1)(a) or (c) of that section ”.
Sch.24 Pt.5(crossheading)(children)(secure)(accommodation)(regulations)(1991)(si)(19911505)
Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991, after “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000” insert or “ section 250 or 259 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(jobseekers)(allowance)(regulations)(1996)(si)(1996207)
Jobseeker's Allowance Regulations 1996 (S.I. 1996/207)
In regulation 13(3A)(a) of the Jobseeker's Allowance Regulations 1996, after “(“the 2003 Act”)” insert “ or Chapter 4 of Part 11 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(police)(property)(regulations)(1997)(si)(19971908)
Police (Property) Regulations 1997 (S.I. 1997/1908)
In regulation 5(1) of the Police (Property) Regulations 1997, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
In regulation 7(3) of those Regulations, for “section 145 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 159 of the Sentencing Code ”.
Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997 (S.I. 1997/2588)
In article 3(b) of the Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997, for “section 37(2) of the Criminal Justice Act 1982” substitute “ section 122(1) of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(prison)(rules)(1999)(si)(1999728)
Prison Rules 1999 (S.I. 1999/728)
In rule 57(2) of the Prison Rules 1999, after “section 99 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 276 of the Sentencing Code ”.
Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)
In article 2 of the Youth Justice Board for England and Wales Order 2000 omit “ “the 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000;”.
In paragraph (a), for “section 90 or 91 of the 2000 Act” substitute “ section 250 or 259 of the Sentencing Code ”.
In paragraph (m)(i), for “section 102(1) of the 2000 Act” substitute “ section 241(1) of the Sentencing Code ”.
for “section 92(1) of the 2000 Act” substitute “ section 260(1) of the Sentencing Code ”;
for “section 90 or 91 of that Act” substitute “ section 250 or 259 of that Code ”.
In paragraph (n)(i), for “section 103(3) of the 2000 Act” substitute “ section 242(3) of the Sentencing Code ”.
In paragraph (n)(ii), for “section 103(6) of that Act” substitute “ section 242(4) of that Code ”.
In paragraph (n)(iii), for “section 104(3)(a) of that Act” substitute “ paragraph 3(8)(b) of Schedule 12 to that Code ”.
In paragraph (n)(iv), for “section 105(2) of that Act” substitute “ paragraph 7(5) of that Schedule ”.
Magistrates' Courts Warrants (Specification of Provisions) Order 2000 (S.I. 2000/3278)
In Article 2 of the Magistrates' Courts Warrants (Specification of Provisions) Order 2000, after paragraph (g) insert—
Sch.24 Pt.5(crossheading)(young)(offender)(institution)(rules)(2000)(si)(20003371)
Young Offender Institution Rules 2000 (S.I. 2000/3371)
In rule 5(7)(a) of the Young Offender Institution Rules 2000, after “the 2003 Act” insert “ or by virtue of section 233 of the Sentencing Code ”.
In rule 5A(2)(b)(iii) of those rules, after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code ”.
In rule 60(1)(f) of those Rules, after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code ”.
Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
In regulation 31I(3)(c) of the Representation of the People (England and Wales) Regulations 2001, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(representation)(of)(the)(people)(scotland)(regulations)(2001)(si)(2001497)
Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)
In regulation 31I(3)(c) of the Representation of the People (Scotland) Regulations 2001, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(child)(tax)(credit)(regulations)(2002)(si)(20022007)
Child Tax Credit Regulations 2002 (S.I. 2002/2007)
In regulation 2(1) of the Child Tax Credit Regulations 2002, in paragraph (a) of the definition of “custodial sentence”, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.
Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051)
In article 5(3) of the Homelessness (Priority Need for Accommodation) (England) Order 2002—
in paragraph (a), after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”;
in paragraph (c), for “that Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.
Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003 (S.I. 2003/336)
In the Schedule to the Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003, in Part 2, after the entry referring to the Powers of Criminal Courts (Sentencing) Act 2000 insert— “ Section 153 of the Sentencing Code (powers to deprive offender of property used etc for purposes of crime), in the circumstances where no order is made under the Police (Property) Act 1987, as applied by section 158 of the Sentencing Code, for the delivery of the property to a person appearing to be the owner of the property. ”
Sch.24 Pt.5(crossheading)(guardians)(allowance)(general)(regulations)(2003)(si)(2003495)
Guardian's Allowance (General) Regulations 2003 (S.I. 2003/495)
In regulation 7(1)(a) of the Guardian's Allowance (General) Regulations 2003, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ section 222 of the Sentencing Code or ”.
Sch.24 Pt.5(crossheading)(magistrates)(courts)(parenting)(orders)(rules)(2004)(si)(2004247)
Magistrates' Courts (Parenting Orders) Rules 2004 (S.I. 2004/247)
In rule 7 of the Magistrates' Courts (Parenting Orders) Rules 2004, after “section 8 of the Crime and Disorder Act 1998” insert “ or section 366 or 369 of the Sentencing Code ”.
In rule 8 of those Rules, for “paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code ”.
In rule 9 of those Rules, for “paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code, ”.
Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)
In Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005, in paragraph 5, at the end of sub-paragraph (1) insert—
Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181)
Article 141F of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 is amended as follows.
In paragraph (4)(a), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
In paragraph (5)(a), after “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 3 of Part 7 of the Sentencing Code ”.
In paragraph (4)(a), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
In paragraph (5)(a), after “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 3 of Part 7 of the Sentencing Code ”.
In paragraph (4)(a), for “or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ , section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”.
In paragraph (5)(a), for “or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ , section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 3 of Part 7 of the Sentencing Code ”.
In Schedule 5 to that Order, after the entry referring to the Powers of Criminal Courts (Sentencing) Act 2000 insert— “ Section 153 of the Sentencing Code (powers to deprive offender of property used etc for purposes of crime), in the circumstances where no order is made under the Police (Property) Act 1897, as applied by section 158 of the Sentencing Code, for the delivery of the property to a person appearing to be the owner of the property. ”
National Health Service (General Dental Services Contracts) Regulations 2005 (S.I. 2005/3361)
In regulation 2(1) of the National Health Service (General Dental Services Contracts) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373)
In regulation 2(1) of the National Health Service (Personal Dental Services Agreements) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (Dental Charges) Regulations 2005 (S.I. 2005/3477)
In regulation 2(1) of the National Health Service (Dental Charges) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(child)(benefit)(general)(regulations)(2006)(si)(2006223)
Child Benefit (General) Regulations 2006 (S.I. 2006/223)
In regulation 1(3) of the Child Benefit (General) Regulations 2006, in paragraph (a) of the definition of “penalty”—
after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 10 of the Sentencing Code ”;
after “sections 90, 91, 92 and 93 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or sections 250, 259 and 260 of the Sentencing Code ”.
National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 (S.I. 2006/489 (W.58))
In regulation 2(1) of the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 (S.I. 2006/490 (W.59))
In regulation 2(1) of the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (Dental Charges) (Wales) Regulations 2006 (S.I. 2006/491 (W.60))
In regulation 2(1) of the National Health Service (Dental Charges) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116)
In Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006, in paragraph 3A(3), for “section 30 of the Counter-Terrorism Act 2008” substitute “ section 69 of the Sentencing Code ”.
Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006 (S.I. 2006/2135)
In article 2(b) of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006, for “section 74(3) of the Act” substitute “ section 387(2) of the Sentencing Code ”.
In article 3(4) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.
for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”;
in paragraph (a), for “section 74(5) or (6) of the Act” substitute “ section 387(4) or 388(5) of that Code ”;
in paragraph (b), for “section 74(3) of the Act” substitute “ section 387(2) of that Code ”.
for “the offender falls within section 74(2)(c) of the Act and” substitute “ on a referral under section 388 of the Sentencing Code ”;
for “the referral under section 74(3) of the Act” substitute “ the referral ”.
In article 5(2) of that Order, for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”.
in paragraph (1)(b), for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”;
in paragraph (1)(c), for “section 74 of the Act” substitute “ section 387 or 388 of that Code ”;
in paragraph (2)(c), for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”.
In article 11(1)(b) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.
In article 15(1) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.
National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 (S.I. 2007/121 (W.11))
In regulation 2(1) of the English language text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007, in the definition of “secure training centre” (“canolfan hyfforddi diogel”), for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
In regulation 2(1) of the Welsh language text of those Regulations, in the definition of “canolfan hyfforddi ddiogel” (“secure training centre”), for “o dan adran 100 o Ddeddf Pwerau'r Llysoedd Troseddol (Dedfrydu) 2000 (tramgwyddwyr o dan 18 oed: gorchmynion dal gafael a hyfforddi)” substitute “o fewn yr ystyr a roddir gan adran 233 o'r Cod Dedfrydu”.
Sch.24 Pt.5(crossheading)(criminal)(defence)(service)(funding)(order)(2007)(si)(20071174)
Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174)
In Schedule 1 to the Criminal Defence Service (Funding) Order 2007, in paragraph 12(1), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
In paragraph 2(1)(d), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
in paragraph (b), for “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 385 of the Sentencing Code ”;
in paragraph (c), for “section 74 of the Serious Organised Crime and Police Act 2005” substitute “ section 387 or 388 of the Sentencing Code ”.
In Schedule 5 to that Order, in paragraph 1(4)(e), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
Community Order (Review by Specified Courts) Order 2007 (S.I. 2007/2162)
In article 1 of the Community Order (Review by Specified Courts) Order 2007 omit paragraph (2).
for “under section 177(1)(i) of the 2003 Act,” substitute “ , within the meaning given by paragraph 19(1) of Schedule 9 to the Sentencing Code, ”;
for “section 210 of that Act” substitute “ paragraph 21 of that Schedule ”.
for “Chapter 4 of Part 12 of the 2003 Act” substitute “ Schedule 9 to the Sentencing Code ”;
for “section 177(5) of the 2003 Act” substitute “ section 209(1) of the Sentencing Code ”.
In paragraph (6), for “paragraph 9 or 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 10 or 11 of Schedule 10 to the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(immigration)(disposal)(of)(property)(regulations)(2008)(si)(2008786)
Immigration (Disposal of Property) Regulations 2008 (S.I. 2008/786)
In regulation 4(1)(a) and (b) of the Immigration (Disposal of Property) Regulations 2008, before “or section 25 of the 2007 Act” insert “ , section 156 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(employment)(and)(support)(allowance)(regulations)(2008)(si)(2008794)
Employment and Support Allowance Regulations 2008 (S.I. 2008/794)
In regulation 160(5) of the Employment and Support Allowance Regulations 2008, in the definition of “penalty”—
after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;
for “section 100 of that Act” substitute “ section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 10 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(primary)(ophthalmic)(services)(regulations)(2008)(si)(20081186)
Primary Ophthalmic Services Regulations 2008 (S.I. 2008/1186)
In regulation 2(1) of the Primary Ophthalmic Services Regulations 2008, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741)
In regulation 38C(3)(c) of the Representation of the People (Northern Ireland) Regulations 2008, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.
Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)
In the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, after article 102 insert—
in sub-paragraph (2), after “2000” insert “ and section 245 of the Sentencing Code ”;
in sub-paragraph (4), for “section 134(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 177A of the Armed Forces Act 2006 ”;
in the heading to the paragraph, at the end insert “ and related provisions ”.
In Schedule 2 to that Order, in paragraph 8(2), for “section 94 of PCC(S)A 2000” substitute “ section 272(2)(a) of the Sentencing Code, as applied by section 210A of AFA 2006 ”.
Sch.24 Pt.5(crossheading)(armed)(forces)(service)(civilian)(court)(rules)(2009)(si)(20091209)
Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209)
In rule 31(3) of the Armed Forces (Service Civilian Court) Rules 2009, for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ paragraph 23(2) of Schedule 10 to the Sentencing Code ”.
In rule 96(3)(b) of those Rules, for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ under paragraph 23(2) of Schedule 10 to the Sentencing Code ”.
for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the Act) ”;
in sub-paragraph (c) for “paragraph 5 of Schedule 8 to the 2003 Act” substitute “ paragraph 6 of Schedule 10 to the Sentencing Code ”.
for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code ”;
In paragraph (1), for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the Act) ”.
In paragraph (7)(a), for “paragraph 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 11 of Schedule 10 to the Sentencing Code ”.
In paragraph (1), for “paragraph 14 of Schedule 8 to the 2003 Act” substitute “ paragraph 15 of Schedule 10 to the Sentencing Code ”.
In paragraph (4)(b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(a) of Schedule 10 to the Sentencing Code ”.
for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(b) of Schedule 10 to the Sentencing Code ”;
in sub-paragraph (b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(a) of Schedule 10 to the Sentencing Code ”.
In paragraph (1), for “paragraph 17 of Schedule 8 to the 2003 Act” substitute “ paragraph 18 of Schedule 10 to the Sentencing Code ”.
In paragraph (3)(a), for “paragraph 17(2) of Schedule 8 to the 2003 Act” substitute “ paragraph 18(7) of Schedule 10 to the Sentencing Code ”.
for “paragraph 20 of Schedule 8 to the 2003 Act” substitute “ paragraph 21 of Schedule 10 to the Sentencing Code ”;
in sub-paragraph (a), for “section 200(2) of that Act” substitute “ paragraph 1(1)(b) of Schedule 9 to that Code ”.
In paragraph (3)(b), for “section 200(2) of the 2003 Act” substitute “ paragraph 1(1)(b) of Schedule 9 to the Sentencing Code ”.
In Schedule 2 to those Rules, in paragraph 15(2), for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ paragraph 23(2) of Schedule 10 to the Sentencing Code ”.
Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 (S.I. 2009/1212)
In regulation 3A of the Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009, in paragraphs (2)(b) and (3)(b), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.
Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 (S.I. 2009/1887)
Schedule 1 to the Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 is amended as follows.
after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
for “section 177 or 189 of the Criminal Justice Act 2003 insofar as those sections” substitute “ Chapter 2 of Part 9 of the Sentencing Code or Chapter 5 of Part 10 of that Code insofar as those Chapters ”;
for “section 207 of that Act” substitute “ paragraph 16 of Schedule 9 to that Code ”.
Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 (S.I. 2009/1922)
In article 15F(6)(a) of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009, for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(armed)(forces)(court)(martial)(rules)(2009)(si)(20092041)
Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041)
In rule 2(2) of the Armed Forces (Court Martial) Rules 2009, in paragraph (a) of the definition of “activation order”, for “paragraph 8(2)(a) or (b) of Schedule 12 to the 2003 Act” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.
after “means an order under” insert “ section 264 or 277 of the Sentencing Code or ”;
In rule 44(3) of those Rules, for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.
In rule 114(5)(b) of those Rules, for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.
In paragraph (1), for “paragraph 12(2A)(a) and (b) of Schedule 12 to the 2003 Act, as substituted by paragraph 8(1)” substitute “ paragraph 19(1)(a) and (b) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 ”.
in the definition of “the relevant facts”, for “mentioned in those paragraphs, as so substituted” substitute “ referred to in paragraph (1) above ”;
in the definition of “the original sentence”, after “means” insert “ the suspended sentence order mentioned in paragraph 19(1)(a) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act, or ”;
in the definition of “the new offence”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(1)(a) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act ”;
in the definition of “summons”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(2)(a) of Schedule 16 to the Sentencing Code, as so modified ”;
in the definition of “warrant”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(2)(b) of Schedule 16 to the Sentencing Code, as so modified ”;
in the definition of “relevant order”, for “paragraph 8(2) of Schedule 12 to the 2003 Act” substitute “ paragraph 13(1) of Schedule 16 to the Sentencing Code ”.
In rule 134(2)(c)(ii) of those Rules, for “section 105(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 7(2) of Schedule 12 to the Sentencing Code ”.
for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act) ”;
in sub-paragraph (c) for “paragraph 5 of Schedule 8 to the 2003 Act” substitute “ paragraph 6 of Schedule 10 to the Sentencing Code ”.
for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code ”;
In paragraph (1), for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act) ”.
In paragraph (8)(a), for “paragraph 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 11 of Schedule 10 to the Sentencing Code ”.
In paragraph (1), for “paragraph 14 of Schedule 8 to the 2003 Act” substitute “ paragraph 15 of Schedule 10 to the Sentencing Code ”.
In paragraph (4)(b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3) of Schedule 10 to the Sentencing Code ”.
In paragraph (6), in the opening words and in sub-paragraph (b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3) of Schedule 10 to the Sentencing Code ”.
In paragraph (1), for “paragraph 17 of Schedule 8 to the 2003 Act” substitute “ paragraph 18 of Schedule 10 to the Sentencing Code ”.
In paragraph (3)(a), for “paragraph 17(2) of Schedule 8 to the 2003 Act” substitute “ paragraph 18(7) of Schedule 10 to the Sentencing Code ”.
for “paragraph 20 of Schedule 8 to the 2003 Act” substitute “ paragraph 21 of Schedule 10 to the Sentencing Code ”;
in sub-paragraph (a), for “section 200(2) of that Act” substitute “ paragraph 1(1)(b) of Schedule 9 to that Code ”.
In paragraph (3)(b), for “section 200(2) of the 2003 Act” substitute “ paragraph 1(1)(b) of Schedule 9 to the Sentencing Code ”.
In Schedule 2 to those Rules, in paragraph 17(2), for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.
Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009 (S.I. 2009/2042)
In regulation 3 of the Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009, for “as follows” substitute “ as set out in regulations 5 to 9 ”.
after “Part 12 of CJA 2003” insert “ and section 64 of the Sentencing Code ”;
In paragraph (3), for “regulations 4 to 9” substitute “ regulations 5 to 9A ”.
Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009 (S.I. 2009/3074)
In article 4 of the Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009, for “Part 1 of the Criminal Justice and Immigration Act 2008 (c.4)” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Child Minding and Day Care (Disqualification) (Wales) Regulations 2010 (S.I. 2010/1703 (W.163))
In regulation 3(9)(d) of the English language text of the Child Minding and Day Care (Disqualification) (Wales) Regulations 2010, after “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 79 or 80 of the Sentencing Code ”.
In regulation 3(9)(ch) of the Welsh language text of those Regulations, after “adran 12 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 79 neu 80 o'r Cod Dedfrydu”.
Visits to Former Looked After Children in Detention (England) Regulations 2010 (S.I. 2010/2797)
In regulation 3(d) of the Visits to Former Looked After Children in Detention (England) Regulations 2010, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.
Disabled People's Right to Control (Pilot Scheme) (England) Regulations 2010 (S.I. 2010/2862)
Schedule 1 to the Disabled People's Right to Control (Pilot Scheme) (England) Regulations 2010 is amended as follows.
after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
Sch.24 Pt.5(crossheading)(criminal)(justice)(act)(2003)(surcharge)(order)(2012)(si)(20121696)
Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I. 2012/1696)
In article 1 of the Criminal Justice Act 2003 (Surcharge) Order 2012 omit paragraph (2).
In article 2 of that Order, for “Section 161A(1) of the 2003 Act” substitute “ Section 42(1) of the Sentencing Code ”.
In the following provisions of that Order, for “section 161A of the 2003 Act” substitute “ section 42 of the Sentencing Code ”
for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”;
for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;
for “section 16(2) or 16(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 85(1)(a) or (b) of the Sentencing Code ”;
for “section 177(1) of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
for “section 189(1) of the Criminal Justice Act 2003” substitute “ section 264 or 277 of the Sentencing Code ”;
for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”.
for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”;
for “section 177(1) of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
for “section 189(1) of the Criminal Justice Act 2003” (in both places) substitute “ section 264 or 277 of the Sentencing Code ”.
In Table 3, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(child)(support)(maintenance)(calculation)(regulations)(2012)(si)(20122677)
Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677)
In regulation 64(4)(a) of the Child Support Maintenance Calculation Regulations 2012—
after “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000” insert” “ or section 397 of the Sentencing Code ”;
for “section 96 of that Act” substitute “ section 96 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 262 of the Sentencing Code ”.
National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996)
In regulation 2(1) of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(criminal)(legal)(aid)(general)(regulations)(2013)(si)(20139)
Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9)
Regulation 9 of the Criminal Legal Aid (General) Regulations 2013 is amended as follows.
for “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ section 330 of the Sentencing Code ”;
after “section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”.
In paragraph (g), for “section 8(1)(c) of the Crime and Disorder Act 1998” substitute “ section 366 of the Sentencing Code ”.
In paragraph (h), after “section 9(5) of the Crime and Disorder Act 1998” insert “ or section 374 of the Sentencing Code ”.
In paragraph (i), for “section 10 of the Crime and Disorder Act 1998” substitute “ section 366(10) of the Sentencing Code ”.
for “Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code ”;
In paragraph (n), after “sections 103A, 103E, 103F and 103H of the Sexual Offences Act 2003” insert “ or sections 345, 350 and 353 of the Sentencing Code ”.
In regulation 12(2)(d)(ii) of those Regulations, after “Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or in section 241 of the Sentencing Code, ”.
National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013 (S.I. 2013/350)
In regulation 1(2) of the National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(employment)(and)(support)(allowance)(regulations)(2013)(si)(2013379)
Employment and Support Allowance Regulations 2013 (S.I. 2013/379)
In regulation 96(6)(c) of the Employment and Support Allowance Regulations 2013—
after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;
for “section 100 of that Act” substitute “ section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 10 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(criminal)(legal)(aid)(remuneration)(regulations)(2013)(si)(2013435)
Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435)
In Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations 2013, in paragraph 15(2), for “section 1 (deferment of sentence) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code (deferment of sentence) ”.
In paragraph 2(1)(c), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
in paragraph (b), for “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 385 of the Sentencing Code ”;
in paragraph (c), for “section 74 of the Serious Organised Crime and Police Act 2005” substitute “ section 387 or 388 of the Sentencing Code ”.
in the entry for Breach of a sexual harm prevention order or interim sexual harm prevention order, in the second column, after “Sexual Offences Act 2003, s.103I” insert “ or Sentencing Code, s.354 ”;
in the entry for Breach of restraining order, in the second column, for “Protection from Harassment Act 1997, s.5(5)” substitute “ Sentencing Code, s.363(1) ”.
In Schedule 4 to those Regulations, in paragraph 5(3)(b)(v), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
National Health Service (Optical Charges and Payments) Regulations 2013 (S.I. 2013/461)
In regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 2013, in paragraph (a) of the definition of “prisoner”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (Direct Payments) Regulations 2013 (S.I. 2013/1617)
The Schedule to the National Health Service (Direct Payments) Regulations 2013 is amended as follows.
after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
In paragraph (f), for “paragraph 22 (drug treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (“the Criminal Justice Act 2008”)” substitute “ paragraph 22 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (“the Criminal Justice Act 2008”) or Part 13 of Schedule 6 to the Sentencing Code (drug treatment requirement) ”.
In paragraph (g), after “paragraph 23 of Schedule 1 to the Criminal Justice Act 2008” insert “ or Part 14 of Schedule 6 to the Sentencing Code ”.
In paragraph (h), after “paragraph 24 of Schedule 1 to the Criminal Justice Act 2008” insert “ or Part 15 of Schedule 6 to the Sentencing Code ”.
Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014 (S.I. 2014/669)
In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014, for “section 215(3) of the 2003 Act” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.
In article 5 of that Order, for “paragraph 26(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 42(2) of Schedule 6 to the Sentencing Code ”.
Offender Management Act 2007 (Approved Premises) Regulations 2014 (S.I. 2014/1198)
In regulation 4 of the Offender Management Act 2007 (Approved Premises) Regulations 2014—
in the definition of “community sentence”, for “section 147 of the Criminal Justice Act 2003” substitute “ section 397(1) of the Sentencing Code ”;
in the definition of “suspended sentence order”, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286(6) of the Sentencing Code ”.
Special Educational Needs (Personal Budgets) Regulations 2014 (S.I. 2014/1652)
The Schedule to the Special Educational Needs (Personal Budgets) Regulations 2014 is amended as follows.
after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
In paragraph (f), for “paragraph 22 (drug treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 22 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or Part 13 of Schedule 6 to the Sentencing Code (drug treatment requirement) ”.
In paragraph (g), after “paragraph 23 of Schedule 1 to the Criminal Justice and Immigration Act 2008” insert “ or Part 14 of Schedule 6 to the Sentencing Code ”.
In paragraph (h), for “paragraph 24 (intoxicating substance treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 24 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or Part 15 of Schedule 6 to the Sentencing Code (intoxicating substance treatment requirement) ”.
Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014 (S.I. 2014/1977)
In regulation 2(3)(a) of the Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014, for the words following "a conviction of an offence” substitute “ falling within section 308(3)(a) of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(care)(and)(support)(direct)(payments)(regulations)(2014)(si)(20142871)
Care and Support (Direct Payments) Regulations 2014 (S.I. 2014/2871)
Schedule 1 to the Care and Support (Direct Payments) Regulations 2014 is amended as follows.
for “section 209 (drug rehabilitation requirement) of the Criminal Justice Act 2003 (“the 2003 Act”)” substitute “ section 209 of the Criminal Justice Act 2003 (“the 2003 Act”) or paragraph 19 of Schedule 9 to the Sentencing Code (drug rehabilitation requirement) ”;
for “section 177 (community orders) of that Act” substitute “ section 177 of the 2003 Act or section 200 of the Sentencing Code (community order) ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
for “section 212 of the Criminal Justice Act 2003” substitute “ section 212 of the 2003 Act or paragraph 23 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I. 2014/3300)
In regulation 13(2) of the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014, for paragraph (2) substitute—
In paragraph (6), for “section 5 of the Protection from Harassment Act 1997” substitute “ section 360 of the Sentencing Code ”.
In paragraph (7), for “section 5 of the Protection from Harassment Act 1997” substitute “ section 361 of the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(state)(pension)(regulations)(2015)(si)(2015173)
State Pension Regulations 2015 (S.I. 2015/173)
In regulation 3(2)(c) of the State Pension Regulations 2015, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286 of the Sentencing Code ”.
National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570)
In regulation 11(3) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015, in paragraph (b) of the definition of “other secure accommodation”, for “detention and training orders have been made under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detentions and training orders)” substitute “ detention and training orders (within the meaning given by section 233 of the Sentencing Code) have been made ”.
Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 (S.I. 2015/796)
In regulation 1(2) of the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 omit the definition of “the POA 1985”.
for “section 21A(1) of the POA 1985” substitute “ section 46(1) of the Sentencing Code ”;
in sub-paragraph (a), for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 of the Sentencing Code ”.
for “section 21A(1) of the POA 1985” substitute “ section 46(1) of the Sentencing Code ”;
for the words after “in respect of” substitute “ the relevant failure ”.
In paragraph (4), for the words after “in the same proceedings” substitute “ two or more different kinds of relevant failure ”.
for “section 21B(1)(b), (c) and (d) of the POA 1985” substitute “ paragraph (2A)(a), (b) and (c) ”;
for “section 21B(1)(c) or (d)” substitute “ paragraph (2A)(b) or (c) ”.
for “section 21B(1)(b) and (c) of the POA 1985” substitute “ paragraph (2A)(a) and (b) ”;
for “section 21B(1)(b) and (d) of the POA 1985” substitute “ paragraph (2A)(a) and (c) ”;
for “section 21B(1)(c) and (d) of the POA 1985” substitute “ paragraph (2A)(b) and (c) ”;
In regulation 4 of those Regulations, for “section 21E(4) of the POA 1985” substitute “ section 50(4) of the Sentencing Code ”.
Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015 (S.I. 2015/1265 (W.85))
In regulation 2(j)(i) of the English language text of the Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.
In regulation 2(j)(i) of the Welsh language text of those Regulations, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 222 o'r Cod Dedfrydu”.
Care and Support (Direct Payments) (Wales) Regulations 2015 (S.I. 2015/1815 (W.260))
The Schedule to the Care and Support (Direct Payments) (Wales) Regulations 2015 is amended as follows.
after “section 209 of the Criminal Justice Act 2003 insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
after “adran 209 o Ddeddf Cyfiawnder Troseddol 2003” insert “neu baragraff 19 o Atodlen 9 i'r Cod Dedfrydu”;
after “adran 177 o'r Ddeddf honno” insert “neu adran 200 o'r Cod hwnnw”;
after “adran 189 o'r Ddeddf honno” insert “neu adran 286 o'r Cod hwnnw”.
after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
after “section 177 of that Act” insert “ or section 200 of that Code ”;
after “section 189 of that Act” insert “ or section 286 of that Code ”.
after “adran 212 o Ddeddf Cyfiawnder Troseddol 2003” insert “neu baragraff 23 o Atodlen 9 i'r Cod Dedfrydu”;
after “adran 177 o'r Ddeddf honno” insert “neu adran 200 o'r Cod hwnnw”;
after “adran 189 o'r Ddeddf honno” insert “neu adran 286 o'r Cod hwnnw”.
Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W.298))
In regulation 14(a) of the English language text of the Children (Secure Accommodation) (Wales) Regulations 2015, after “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”.
In regulation 14(a) of the Welsh language text of those Regulations, after “adran 90 neu 91 o Ddeddf Pwerau'r Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 250 neu 259 o'r Cod Dedfrydu”.
Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016 (S.I. 2016/961)
In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016, for “section 215(3) of the Criminal Justice Act 2003” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.
Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017 (S.I. 2017/235)
In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017, for “section 215(3) of the Criminal Justice Act 2003” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.
Sch.24 Pt.5(crossheading)(bereavement)(support)(payment)(regulations)(2017)(si)(2017410)
Bereavement Support Payment Regulations 2017 (S.I. 2017/410)
In regulation 7(2)(c) of the Bereavement Support Payment Regulations 2017, after “section 189 of the Criminal Justice Act 2003” insert “ or section 286 of the Sentencing Code ”.
Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018 (S.I. 2018/210)
In article 3 of the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018, for “section 212A(6) of the Criminal Justice Act 2003” substitute “ paragraph 25(7)(c) of Schedule 9 to the Sentencing Code ”.
Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 (S.I. 2018/794)
In Schedule 1 to the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, in paragraph 8, for “or paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ , paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or paragraph 24 of Schedule 6 to the Sentencing Code ”.
In regulation 2(1) of the Social Workers Regulations 2018, in the definition of “custodial sentence”, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.
Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158)
In article 5(c) of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020, after “section 236A of the 2003 Act” insert “ or section 265 or 278 of the Sentencing Code ”.
In section 255ZA(6) of the Criminal Justice Act 2003, for “section 154(1)” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”.
In the following provisions, for “section 154(1) of the Criminal Justice Act 2003” or “section 154(1) of the Criminal Justice Act 2003 (c. 44)” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”
In the Welsh language text of paragraph 10(2) of Schedule A1 to the Learner Travel (Wales) Measure 2008 (nawm 2), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ paragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.
In the Welsh language text of paragraph 9 of Schedule 5 to the Mobile Homes (Wales) Act 2013 (anaw 6), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ baragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.
In the following provisions, for “section 154(1) of that Act” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”
In the following provisions, for “section 154 of the Criminal Justice Act 2003” or “section 154 of the Criminal Justice Act 2003 (c. 44)” substitute “ paragraph 24 of Schedule 22 to the Sentencing Act 2020 ”
In the following provisions, for “section 154(1) of the Criminal Justice Act 2003”substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”
In the Welsh language text of regulation 6(7) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848 (W.177)), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ paragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.
In the Welsh language text of the following provisions, for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ baragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”
The following provisions of this Schedule, which relate to dealing with a person for an offence or in relation to a sentence for an offence, have effect only where the offender is convicted of the offence on or after 1 December 2020—
Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.
In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.
For section 180 (transfer of service community order to Scotland or Northern Ireland) substitute—
For section 181 (breach, revocation or amendment of service community order) substitute—
In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.
In subsection (1A), for the words from “a requirement” to the end, substitute
For section 183 (overseas community orders: modifications of 2003 Act) substitute—
In section 184 (breach, revocation or amendment of overseas community order), for the words from the beginning to “2003 Act” substitute “ Schedule 6A (application of Schedule 10 to the Sentencing Code ”.
In the shoulder reference, for “section 182” substitute “ section 183(6) ”.
In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “ paragraph 1(1) of Schedule 9 to the Sentencing Code ”.
In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “ paragraph 11(1) of Schedule 9 to the Sentencing Code ”.
in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “ Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) ” does not apply”;
for “section 207(3) of the 2003 Act” substitute “ paragraph 17(1) of Schedule 9 to the Sentencing Code ”;
for “of offender to mental health requirement” substitute “ condition ”;
for “section 208(1) of the 2003 Act” substitute “ paragraph 18 of Schedule 9 to the Sentencing Code ”;
for “the words “with the consent of the offender” do” substitute “ sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does ”.
in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “ paragraph 19(1) of Schedule 9 to the Sentencing Code ”;
in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “ paragraph 19(1)(b) of Schedule 9 to the Sentencing Code ”;
for “section 209(2) of the 2003 Act” substitute “ paragraph 20(1) of Schedule 9 to the Sentencing Code ”;
for “of offender to drug rehabilitation requirement” substitute “ condition ”.
In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “ paragraph 23(1) of Schedule 9 to the Sentencing Code ”.
In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “ paragraph 13 of Schedule 23 to the Sentencing Act 2020 ”.
In section 185 (conditional or absolute discharge), in subsection (2)(b), for “section 12(1)(b) of the Sentencing Act” substitute “ section 80(5) of the Sentencing Code ”.
in paragraph (c), for “section 226B of the 2003 Act” substitute “ section 254 of the Sentencing Code ”.
in paragraph (b), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”;
in paragraph (a), for “not falling within paragraph (a)” substitute “ or detention in a young offender institution not falling within paragraph (a) or (aa) ”;
In the Chapter heading, for “under 12 Months” substitute “ two years or less ”.
In section 202 (order with community requirements: disapplication of certain provisions)—
for “Chapter 4 of Part 12 of the 2003 Act” substitute “ the Sentencing Code ”;
for “section 207(3)(a)(ii)” substitute “ paragraph 17(2)(c) of Schedule 9 ”;
For section 204 (transfer to Scotland or Northern Ireland of order with community requirements) substitute—
For Schedule 7 (suspended prison sentence: further conviction or breach of requirement) substitute—
In section 208 (prohibition on imposing imprisonment on people under a certain age)—
Section 209 (offenders under 18 convicted of certain serious offences: power to detain for specified period) is amended as follows.
in subsection (3)(c), for the words from “on” to the end substitute “ after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020). ”
Section 212 (term of detention and training order: general) is amended as follows.
In subsection (3), for “provides otherwise under section 101(3) of the Sentencing Act” substitute “ orders otherwise under section 237 of the Sentencing Code ”.
Section 213 (application of provisions relating to civilian detention and training orders) is amended as follows.
In subsection (4), for “section 104(3) (further period of detention or supervision) of the Sentencing Act” substitute “ paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention) ”.
in the definition of “further period of supervision” for “section 104(3)(aa) of the Sentencing Act” substitute “ paragraph 3(2)(b) of Schedule 12 to the Sentencing Code ”;
Section 214 (offences during currency of detention and training order) is amended as follows.
In subsection (7)(c), for “section 105 of the Sentencing Act” substitute “ paragraph 7 of Schedule 12 to the Sentencing Code ”.
in subsection (1), for “Section 101(13) of the Sentencing Act” substitute “ Section 238(3) of the Sentencing Code ”;
in subsection (3), for “section 107 of the Sentencing Act” substitute “ section 248 of the Sentencing Code ”.
Section 218A (life sentence for second listed offence) is amended as follows.
in paragraph (b), for “Part 1 of Schedule 15B to the 2003 Act” substitute “ Part 1 of Schedule 15 to the Sentencing Code ”;
in paragraph (c), for “after this section comes into force” substitute “ on or after the relevant date ”.
In subsection (2), for “Section 224A(2) of the 2003 Act” substitute “ Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) ”.
for “section 224A(2)(a) of that Act” substitute “ sections 273(3)(a) and 283(3)(a) of that Code ”;
in paragraph (a), for “ “the offence”” substitute “ “the index offence” ”;
after “more,” insert “ or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more, ”;
for “section 226A of the 2003 Act” substitute “ section 266 or 279 of the Sentencing Code ”.
In subsection (5)(a), for “Schedule 15B to the 2003 Act” substitute “ Schedule 15 to the Sentencing Code ”.
In subsection (6), for “section 224A(4)(b) of the 2003 Act (see subsections (5) to (10) of that section)” substitute “ section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section) ”.
In subsection (7), for “section 224A(2) of that Act” substitute “ section 273(3) or 283(3) of the Sentencing Code ”.
Section 219 (life sentence for certain dangerous offenders aged 18 or over) is amended as follows.
In subsection (1)(b), for “serious offence” substitute “ Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code) ”.
In subsection (2) for “Section 225(2) of the 2003 Act” substitute “ Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life) ”.
In subsection (3) for “section 225(2) of the 2003 Act (as applied by subsection (2))” substitute “ sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2)) ”.
In subsection (5), for “section 225 of the 2003 Act” substitute “ section 274 or 285 of the Sentencing Code ”.
Section 219A (extended sentences for certain violent, sexual or terrorism offenders aged 18 or over) is amended as follows.
in paragraph (b), at the end insert “ within the meaning of the Sentencing Code (see section 306 of that Code) ”;
In subsection (2), for “Schedule 15B to the 2003 Act” substitute “ Schedule 14 to the Sentencing Code ”.
In subsection (3), for “extended sentence of imprisonment under section 226A of the 2003 Act” substitute “ extended sentence of detention in a young offender institution or an extended sentence of imprisonment ”.
Section 221 (life sentence for certain dangerous offenders aged under 18) is amended as follows.
in paragraph (a), after “conduct)” insert “ which was committed on or after 4 April 2005 ”;
in paragraph (b), for “serious offence” substitute “ Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code) ”;
In subsection (2), for “Section 226(2) of the 2003 Act” substitute “ Section 258(2) of the Sentencing Code (duty to impose detention for life) ”.
In subsection (6), for “section 226 of the 2003 Act” substitute “ section 258(2) of the Sentencing Code ”.
Section 221A (extended sentence for certain violent, sexual or terrorism offenders aged under 18) is amended as follows.
in paragraph (b), at the end insert “ within the meaning of the Sentencing Code (see section 306 of that Code) ”;
in paragraph (d), for “section 226(2) of the 2003 Act” substitute “ section 258(2) of the Sentencing Code ”;
Section 223 (the “required opinion” for the purposes of sections 219 to 221A) is amended as follows.
for “section 229(2) and (2A) of the 2003 Act” substitute “ subsections (2) and (3) of section 308 of the Sentencing Code ”;
for “section 229(1) of that Act” substitute “ subsection (1) of that section ”.
In subsection (4), in the definition of “serious harm”, for “section 224 of the 2003 Act” substitute “ section 306 of the Sentencing Code ”.
Section 224A (special custodial sentence for certain offenders of particular concern) is amended as follows.
in paragraph (b), for “Schedule 18A to the 2003 Act” substitute “ Schedule 13 to the Sentencing Code ”;
in sub-paragraph (ii), for “imprisonment under section 226A of the 2003 Act” substitute “ detention or imprisonment under section 266 or 279 of the Sentencing Code ”.
in subsection (1)(b), for “section 110 of the Sentencing Act” substitute “ section 313 of the Sentencing Code ”;
in subsection (2), for “section 110(2) of that Act” substitute “ section 313(2) of that Code ”.
in subsection (1)(b), for “section 111 of the Sentencing Act” substitute “ section 314 of the Sentencing Code ”;
in subsection (2), for “section 111(2) of that Act” substitute “ section 314(2) of that Code ”.
in paragraph (b), for “the corresponding offence under the law of England and Wales, section 51A of the Firearms Act 1968 (c.27)” substitute “ that corresponding offence, section 311 of the Sentencing Code ”.
In subsection (2), for “section 51A(2) of that Act” substitute “ section 311(2) of the Sentencing Code ”.
for “section 51A(4)(a)(ii) of that Act (interpretation of section 51A(2))” substitute “ section 311(3)(a) of that Code ”;
for “section 91 of the Sentencing Act” substitute “ section 250 of that Code ”.
Section 227A (offences of threatening with a weapon on public or on school premises) is amended as follows.
In subsection (2), at the beginning insert “ Where the offender is aged 21 or over at the time of conviction, ”.
Section 228 (appeals where previous convictions set aside) is amended as follows.
In subsection (1B)(a), for “section 224A of the 2003 Act (as applied by section 218A of this Act)” substitute “ section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act ”.
In subsection (1D)(a), for “section 226A of the 2003 Act (as applied by section 219A of this Act)” substitute “ section 266 or 279 of the Sentencing Code (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) as applied by section 219A of this Act ”.
In subsection (3A)(a), for “section 224A of the 2003 Act (as applied by section 218A of this Act)” substitute “ section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act ”.
In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—
in paragraph (c), for “227A(2)” substitute “ 227A(1A) or (2) (threatening with a weapon in public or on school premises) ”.
in subsection (4), for “110(2) or 111(2) of the Sentencing Act” substitute “ 313(2) or 314(2) of the Sentencing Code ”;
in subsection (5), for “110(2) or 111(2) of that Act” substitute “ 313(2) or 314(2) of that Code ” in both places it occurs;
in subsection (6), for “227A(2)” substitute “ 227A(1A) or (2) ” in both places it occurs.
In section 246 (crediting of time in service custody: terms of imprisonment and detention), in subsection (6), after paragraph (b) (but before the “and”) insert—
In section 247 (crediting of time in service custody: supplementary), in subsection (7), for “any sentence within paragraph (a), (b) or (c)” substitute “ a sentence within any of paragraphs (a) to (c) ”.
in subsection (1), for “section 158(1) of the 2003 Act” substitute “ section 31(1) of the Sentencing Code ”;
for “section 158(1) of that Act” substitute “ section 31(1) of that Code ”, and
for “section 158(2) of that Act” substitute “ section 31(2) of that Code ”;
for “Section 159(1) to (3) and (5) of the 2003 Act” substitute “ Section 32(1) to (4) and (6) of the Sentencing Code ”, and
in subsection (1), for paragraph (b) (and the “or” preceding it) substitute—
in subsection (4B), for the words from “section 226A(6)” to the end substitute
In section 261 (length of discretionary custodial sentences: general provision), in subsection (1), for the words from “section 224A” to the end substitute
In section 262 (power to recommend licence conditions), for “section 238(1) of the 2003 Act” substitute “ section 328 of the Sentencing Code ”.
In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender), in subsection (3), for paragraph (a) (including the “or” at the end) substitute—
In section 269A (fines: fixing of term of imprisonment for default), in subsection (2), for “section 139(4) of the Sentencing Act” substitute “ section 129(4) of the Sentencing Code ”.
In section 269B (service compensation orders: power to set maximum term of imprisonment for default), in subsection (4), for “section 139(4) of the Sentencing Act” substitute “ section 129(4) of the Sentencing Code ”.
In section 270 (community punishments: general restrictions), in subsection (2A)—
for “section 177(2A) of the 2003 Act” substitute “ section 208(10) and (11) of the Sentencing Code ”;
for “section 178(3) and section 182(3A)” substitute “ section 178(2) and 182(3) ”.
In section 270A (exception to restrictions on community punishments), in subsection (6)—
in paragraph (c), for “section 161A of the 2003 Act” substitute “ section 42 of the Sentencing Code (or section 161A of the 2003 Act) ”.
In section 271 (civilian courts dealing with service offences), in subsection (2)—
Sch.25 Pt.7(crossheading)(amendment)(to) Pt.7(trial)(by)(court)(martial)
Amendment to Part 7 (trial by Court Martial)
Sch.25 Pt.7(crossheading)(amendments)(to) Pt.10(court)(martial)(decisions)(appeal)(and)(review)
Amendments to Part 10 (Court Martial decisions: appeal and review)
In section 273 (review of unduly lenient sentence by Court Martial Appeal Court)—
in subsection (6)(b), for the words from “section 224A” to the end substitute
in subsection (7), for “an order specified in subsection (7A)” substitute “ a minimum term order under section 321 of the Sentencing Code ”;
Sch.25 Pt.7(crossheading)(amendments)(to) Pt.11(the)(service)(civilian)(court)
Amendments to Part 11 (The Service Civilian Court)
In section 284 (fines and compensation: maximum amounts), in subsection (3), for “section 131(1) of the Sentencing Act” substitute “ section 139(2) of the Sentencing Code ”.
Sch.25 Pt.7(crossheading)(amendments)(to) Pt.12(service)(and)(effect)(of)(certain)(sentences)
Amendments to Part 12 (service and effect of certain sentences)
In section 294 (rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc), in subsection (3)(b), for “section 104 of the Sentencing Act” substitute “ paragraph 3 of Schedule 12 to the Sentencing Code ”.
In section 302 (remission of certain sentences on passing of custodial sentence etc), in subsection (3)(b), for “section 104 of the Sentencing Act” substitute “ paragraph 3 of Schedule 12 to the Sentencing Code ”.
In section 304 (sentences passed by civilian courts), in subsection (1), for “a sentence of imprisonment” substitute “ any sentence ”.
Sch.25 Pt.7(crossheading)(amendments)(to) Pt.13(discipline)(miscellaneous)(and)(supplementary)
Amendments to Part 13 (discipline: miscellaneous and supplementary)
In section 305 (random drug testing), in subsection (5), for “51 weeks” substitute “ six months ”.
In section 322 (financial penalty enforcement orders), in subsection (4), in the definition of “financial penalty”, in paragraph (a), for “paragraph 10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5” substitute “ paragraph 11(2)(a) of Schedule 10 to the Sentencing Code by virtue of section 184 and Schedule 6A ”.
Sch.25 Pt.7(crossheading)(amendments)(to) Pt.19(supplementary)
Amendments to Part 19 (supplementary)
Section 374 (definitions applying for purposes of whole Act) is amended as follows.
In the definition of “associated”, for “section 161(1) of the Sentencing Act” substitute “ section 400 of the Sentencing Code ”.
in paragraph (b), for “(certain young offenders)” substitute “ , 221 or 221A (detention of offenders under 18) ”;
In the definition of “suspended sentence of imprisonment”, for “section 189(1) of the 2003 Act” substitute “ section 286 of the Sentencing Code ”.
In section 179(3) (review of service community order imposing drug rehabilitation requirement), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—
omit “or detention in a young offender institution” (in both places where it occurs);
In section 181(3) (breach, revocation or amendment of service community order), in the paragraph 5A treated as inserted into Schedule 10 to the Sentencing Code, in sub-paragraph (2)—
In section 203(4) (review of suspended sentence order with community requirements), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—
omit “or detention in a young offender institution” (in both places where it occurs);
In paragraph 13 of Schedule 7 (suspended sentence orders: breach or amendment; effect of further conviction), in the sub-paragraph (8A) treated as inserted into paragraph 25 of Schedule 16 to the Sentencing Code—
omit “or detention in a young offender institution” (in both places where it occurs);
In section 208 (prohibition on imposing imprisonment on people under a certain age)—
In section 209 (offenders under 18 convicted of certain serious offences: power to detain for specified period), in subsections (2)(a) and (6), for “21” substitute “ 18 ”.
In section 211 (offenders under 18: detention and training orders), in subsection (1)(a), for “21 or over” substitute “ 18 or over ”.
In section 212 (term of detention and training order: general), in subsections (1)(b) and (2)(c), for “21” substitute “ 18 ”.
In section 217 (mandatory life imprisonment), for subsections (2) to (4) substitute—
in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;
for “sections 273(3)(a) and 283(3)(a)” substitute “ section 283(3)(a) ”;
in subsection (4), omit “or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more,”;
in subsection (6A) (as to be inserted by paragraph (db)), omit “section 273 and”;
in subsection (6), omit “section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or”;
in paragraph (da), if it has not already come into force, omit “in each place”;
In section 219 (life sentence for certain dangerous offenders aged 18 or over)—
in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;
in subsection (3), for “sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2))” substitute “ section 285(3) of the Sentencing Code (as applied by subsection (2)) ”;
In section 219A (extended sentence for certain violent or sexual offenders aged 18 or over)—
in subsection (2), for “Schedule 14 to the Sentencing Code” substitute “Part 1, 2, or 3 of Schedule 14 to the Sentencing Code”;
in subsection (3), omit “an extended sentence of detention in a young offender institution or”;
in subsection (7), omit “Where the offender is 21 or over when convicted of the offence under section 42,”.
In section 224A (special custodial sentence for certain offenders of particular concern)—
in sub-paragraph (ii), for “detention or imprisonment under section 266 or 279” substitute “ imprisonment under section 279 ”;
In section 225 (third drug trafficking offence), after subsection (1) insert—
In section 227A (offences of threatening with a weapon in public or on school premises)—
in subsection (2), omit “Where the offender is aged 21 or over at the time of conviction,”.
In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—
In section 239 (reduction in sentences for guilty pleas), in subsection (6), omit “(1A) or” in both places it occurs.
In section 261 (length of discretionary custodial sentences: general provision), in subsection (1)—
In section 262A (conversion of sentence of detention to sentence of imprisonment), in subsection (4) omit the paragraphs (d), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.
In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender), in subsection (3), for paragraph (a) (including the “or” at the end) substitute—
In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—
In section 305 (random drug testing), in subsection (5), for “six months” substitute “ 51 weeks ”.
The substitution of the Sentencing Code for the provisions repealed by this Act does not affect the continuity of the law.
Any subordinate legislation, code of practice, guidance, accreditation, arrangement, notice or notification that— has effect on and after that date, so far as it relates (by reason of paragraph 4 or an amendment made by this Act) to an offence of which the offender is convicted on or after that date, as if made, issued or given under the corresponding provision of the Sentencing Code.
is made, issued or given, or has effect as if made, issued or given, under a provision repealed by this Act, and
Sch.27 Pt.1(crossheading)(references)(to)(provisions)(of)(the)(sentencing)(code)
References to provisions of the Sentencing Code
A reference (express or implied) to a provision of the Sentencing Code, if contained in— is to be read (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision.
a statutory provision that is amended by a specified paragraph of Schedule 24 (see sub-paragraph (2)),
The specified paragraphs of Schedule 24 are paragraphs 1, 2, 5, 15(4), 20 to 22, 24, 25, 31(3), 32(5)(a) to (e), 35, 60, 62, 65 to 67, 70(b), 72, 75, 77, 85, 88, 105(3), 108, 109, 111, 114(3), 115, 118 to 121, 128, 132 to 134, 141, 142, 149, 154, 155(2), (4)(a) and (6), 159, 161 to 163, 172(a), 177, 180, 194, 197, 200, 204, 211, 212, 216, 217, 219(3), 222, 243, 250, 259, 261, 262, 268, 279 to 281, 283, 285 to 287, 289(3), 303 to 306, 308, 310, 315, 319, 320, 324, 337, 343 to 345, 347 to 349, 358, 367, 371, 382 to 384, 385(3), 388, 389, 400, 402, 409, 412, 417, 421, 423, 426 and 428.
Sch.27 Pt.1(crossheading)(references)(to)(provisions)(repealed)(by)(this)(act)
References to provisions repealed by this Act
A reference (express or implied) to a provision repealed by this Act, if contained in— is to be read (so far as the context permits), as respects an offence of which the offender is convicted on or after the commencement date, as being or (according to the context) including a reference to the corresponding provision of the Sentencing Code.
Sch.27 Pt.1(crossheading)(relationship)(with)(interpretation)(act)(1978)
Relationship with Interpretation Act 1978
Paragraphs 1 to 4 have effect instead of section 17(2) of the Interpretation Act 1978 (but do not affect the application of any other provision of that Act).
This paragraph applies where— In this paragraph “referral order” has the meaning given by section 83(1).
a court makes a referral order in respect of an offence (the “Code offence”), and
the offender has been convicted before 1 December 2020 of another offence (the “pre-Code offence”) for which he or she is to be dealt with at the same time.
In subsections (2) to (4) of section 89 (making of referral order: effect on court's other sentencing powers) a reference to an order under the Sentencing Code is to be read, in relation to the pre-Code offence, as a reference to the corresponding order applicable to that offence.
In subsections (3) to (5) of section 19 of the Powers of Criminal Courts (Sentencing) Act 2000 (making of orders under section 16 of that Act: effect on court's other sentencing powers) a reference to a way of dealing with the offender is to be read, in relation to the Code offence, as a reference to the corresponding way of dealing with the offender under the Sentencing Code.
If the court makes an order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (duty and power to refer certain young offenders to youth offender panels) in respect of the pre-Code offence—
accordingly, section 88 (making of referral order: connected offences) applies in relation to the order.
In relation to an offence committed before 3 December 2012, paragraph 18 of Schedule 6 (youth rehabilitation orders: requirements) is to be read as if—
In relation to a pre-commencement case (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534)), the references to representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in— include representation referred to in paragraph 19(2)(a) of Schedule 1 to the Criminal Justice and Immigration Act 2008 as it had effect immediately before 13 April 2013 (representation funded by the Legal Services Commission as part of the Criminal Defence Service).
paragraph C of paragraph 25 of Schedule 6 (restrictions on including local authority residence requirement in youth rehabilitation order), or
paragraph D of paragraph 27 of that Schedule (restrictions on including fostering requirement in youth rehabilitation order),
Associated offences: offender convicted before and on or after commencement date
This paragraph applies where— In this paragraph “youth rehabilitation order” has the meaning given by section 173.
at the same time the court imposes an order under section 1 of the Criminal Justice and Immigration Act 2008 (a “2008 Act order”), in respect of an offence of which the offender was convicted before 1 December 2020.
a reference to a youth rehabilitation order includes a reference to a 2008 Act order;
a reference to a particular kind of youth rehabilitation order includes a reference to the corresponding kind of 2008 Act order;
a reference to a particular kind of requirement of a youth rehabilitation order includes a reference to the corresponding kind of requirement of a 2008 Act order.
Sch.27 Pt.4(crossheading)(detention)(for)(breaching)(dto)(supervision)(requirement)
Detention for breaching DTO supervision requirement
Section 104B (interaction of orders under section 104(3)(a) with other orders) of the Powers of Criminal Courts (Sentencing) Act 2000 (“the 2000 Act”) (as it applies, despite its repeal by this Act, where a court is dealing with an offender in respect of an offence of which he or she was convicted before 1 December 2020) has effect as follows.
In subsection (1), a reference to a period of detention under section 104(3)(a) of the 2000 Act includes a reference to a period of detention under paragraph 3(2)(a) of Schedule 12 to the Sentencing Code.
a reference to a detention and training order includes a reference to a detention and training order under section 233 of the Sentencing Code;
a reference to section 102(2), (3), (4) or (5) of the 2000 Act includes a reference to section 241(2), (3), (4) or (5) of the Sentencing Code.
Restriction on making community order etc and suspended sentence order
In section 203 (restriction on making community order and suspended sentence order)—
a reference to an offence in paragraph (b) or (c) includes a reference to an offence of which the offender was convicted before 1 December 2020;
in relation to such an offence, the reference to a suspended sentence order is to be read as a reference to an order under section 189(1) of the Criminal Justice Act 2003.
In section 181(6) (restriction on making youth rehabilitation order and suspended sentence order), the reference to a suspended sentence order includes a reference to an order under section 189(1) of the Criminal Justice Act 2003.
A court may not impose a community sentence, within the meaning given by section 147(1) of the Criminal Justice Act 2003, in respect of an offence if it makes a suspended sentence order in respect of— In this sub-paragraph “suspended sentence order” has the meaning given by section 286(1).
any other offence of which the offender is convicted by or before it, or
Making detention and training order where offender subject to other order
In section 237 (making detention and training order where offender subject to other order etc), the second reference in subsection (2) to a detention and training order includes a reference to a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000.
In section 101 of that Act (detention and training order: consecutive terms etc), the second reference in subsection (3) to a detention and training order includes a reference to a detention and training order under section 233 of the Sentencing Code.
...
Sch.27 Pt.4(crossheading)(special)(custodial)(sentences)(for)(offenders)(of)(particular)(concern)
Special custodial sentences for offenders of particular concern
a court is dealing with an offender for two or more associated offences, within the meaning given by section 400,
the offences include one that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and
the offender was convicted of at least one of the offences before 1 December 2020 and convicted of at least one of them on or after that date.
Where the offender was convicted of the listed offence on or after 1 December 2020—
the reference in section 252A(1)(c)(i) and (1A)(c)(i) to a sentence of detention for life under section 250 includes a reference to a sentence of detention for life under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;
the reference in section 252A(1)(c)(ii) and (1A)(c)(ii) to an extended sentence of detention under section 254 includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003;
the reference in section 265(1)(c)(i) to an extended sentence under section 266 includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003;
the reference in section 265(1)(c)(ii) to a sentence of custody for life includes a reference to a sentence under section 94 of the Powers of Criminal Courts (Sentencing) Act 2000;
the reference in section 278(1)(c)(i) to an extended sentence under section 279 includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.
Where the offender was convicted of the listed offence before 1 December 2020, the reference in section 236A(1)(c)(ii) of the Criminal Justice Act 2003 (read with section 236A(5) of that Act) to an extended sentence under section 226A of that Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.
Special custodial sentences for offenders of particular concern: armed forces
the Court Martial is dealing with an offender for two or more associated offences, within the meaning given by section 400,
the offences include one that corresponds to an offence that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and
the offender was convicted of at least one of the offences before 1 December 2020 and convicted of at least one of them on or after that date.
Where the offender was convicted of the listed offence on or after 1 December 2020, the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.
Where the offender was convicted of the listed offence before 1 December 2020, the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 226A of the 2003 Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.
A certificate given in accordance with subsection (1), (1A), (2) or (2A) of section 113 of the Powers of Criminal Courts (Sentencing) Act 2000 (certificates of conviction) is evidence, for the purposes of section 313 or 314, of the facts certified by it.
A certificate by a court under section 232A of the Criminal Justice Act 2003 that a person was convicted in England and Wales of an offence listed in Schedule 15B to that Act is evidence, for the purposes of section 267, 273, 279 or 283, of the fact certified by it.
Restriction on imposing custodial sentence without legal representation
In relation to a pre-commencement case (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534)), the reference in section 226(7) to representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 includes representation referred to in section 83(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 as it had effect immediately before 1 April 2013 (representation funded by the Legal Services Commission as part of the Criminal Defence Service).
Sch.27 Pt.5(crossheading)(validity)(of)(provision)(deriving)(from)(secondary)(legislation)
Validity of provision deriving from secondary legislation
Any question as to the validity of paragraph 30 of Schedule 25, which derives from paragraphs 7 and 9 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), is to be determined as if that paragraph were contained in a statutory instrument made under the powers under which that order was made.
Sch.27 Pt.5(crossheading)(powers)(to)(make)(consequential)(etc)(provision)
Powers to make consequential etc provision
On and after the commencement date, any power (however expressed) that was exercisable immediately before that date— is exercisable instead in relation to the corresponding provision of the Code.
to make consequential, supplementary or incidental provision in relation to a provision that is restated in the Sentencing Code (a “restated provision”), or
to make transitional, transitory or saving provision in relation to a restated provision,
Sch.27 Pt.5(crossheading)(exercise)(of)(powers)(in)(relation)(to)(precommencement)(offences)
Exercise of powers in relation to pre-commencement offences
The following powers may, despite section 2, be exercised in relation to an offence of which the offender is convicted before the commencement date (a “pre-commencement offence”) as well as in relation to an offence of which the offender is convicted on or after that day—
the power in section 91(5) (to make regulations specifying requirements for persons appointed as members of a youth offender panel);
the power in section 194 (to make regulations about court reviews of youth rehabilitation orders);
the power in section 217 (to make regulations about court reviews of community orders);
the power in section 248(1)(f) (to make regulations specifying accommodation as “youth detention accommodation”);
the power in section 394 (to make rules relating to community orders and suspended sentence orders);
the power in section 395 (to issue a code of practice about the processing of data from electronic monitoring).
Anything done under a power referred to in a paragraph of sub-paragraph (1) in relation to a pre-commencement offence has effect as if done under the provision repealed by this Act that corresponds to the provision mentioned in that paragraph.
Sch.27 Pt.5(crossheading)(exercise)(of)(powers)(to)(amend)(amounts)
Exercise of powers to amend amounts
A reference in sub-paragraph (4) of paragraph 5 or 7 of Schedule 23 to regulations previously made under that paragraph includes a reference to an order previously made under the corresponding provision of section 143 of the Magistrates' Courts Act 1980.
Sub-paragraph (3) applies to regulations under paragraph 5, 6, 7, 10, 14 or 17 of Schedule 23 to amend an amount specified in a provision of the Sentencing Code so as to specify a different amount that, immediately before 1 December 2020, is specified in the corresponding provision repealed by this Act by virtue of an order made under a provision repealed by this Act.
The regulations are to be treated for the purposes of that paragraph of Schedule 23 as being made and coming into force on the dates on which the order was made and came into force.
Sch.27 Pt.5(crossheading)(saving)(for)(list)(of)(offences)(applied)(for)(other)(purposes)
Saving for list of offences applied for other purposes
The repeal by Schedule 28 of section 224 of the Criminal Justice Act 2003 does not affect Schedule 15 to that Act (certain specified offences) so far as it continues to apply for any purpose on and after the commencement date.
Sch.27 Pt.5(crossheading)(enforcement)(of)(high)(court)(and)(court)(of)(appeal)(fines)
Enforcement of High Court and Court of Appeal fines
Anything done before the commencement date under a provision of sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000 as they apply by virtue of subsection (3) of section 140 of the Senior Courts Act 1981 (enforcement of fines and forfeited recognizances) has effect on and after that date as if done under a provision of sections 130 to 132 of the Sentencing Code as they apply by virtue of that subsection.
Sch.27 Pt.5(crossheading)(breach)(of)(restraining)(order)(made)(on)(acquittal)
Breach of restraining order made on acquittal
In relation to an offence under section 5A of the Protection from Harassment Act 1997 committed before 12 March 2015, the reference to a fine in paragraph (b) of subsection (2E) of that section (inserted by paragraph 144 of Schedule 24) is to be read as a reference to a fine not exceeding the statutory maximum.
Sch.27 Pt.5(crossheading)(commencement)(and)(alteration)(of)(crown)(court)(sentence)(legal)(aid)
Commencement and alteration of Crown Court sentence: legal aid
In paragraph (b) of the definition of “sentence” in sections 384(4) and 385(8), the reference to an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 includes, in relation to an old case, a reference to an order under section 17(2) of the Access to Justice Act 1999.
For this purpose “old case” means a pre-commencement case within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534) (see regulation 2 of those regulations).
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Provenance
- Enacted
- 2020-10-22
- Enacted by
- Parliament of the United Kingdom
- Official source
- http://www.legislation.gov.uk/ukpga/2020/17
Amendment history
Every version is kept. Nothing is overwritten.
consolidation
2026-09-21 – present