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Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 1 — General provisions about sentencing

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144     

Duty of court to have regard to sentencing guidelines

(1)   

Every court must—

(a)   

in sentencing an offender, have regard to any guidelines which are

relevant to the offender’s case, and

(b)   

in exercising any other function relating to the sentencing of offenders,

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have regard to any guidelines which are relevant to the exercise of the

function.

(2)   

In subsection (1) “guidelines” means sentencing guidelines issued by the

Council under section 142(9) as definitive guidelines, as revised by subsequent

guidelines so issued.

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145     

Annual report by Council

(1)   

The Council must as soon as practicable after the end of each financial year

make to the Ministers a report on the exercise of the Council’s functions during

the year.

(2)   

If section 139 comes into force after the beginning of a financial year, the first

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report may relate to a period beginning with the day on which that section

comes into force and ending with the end of the next financial year.

(3)   

The Ministers must lay a copy of the report before each House of Parliament.

(4)   

The Council must publish the report once the copy has been so laid.

(5)   

In this section—

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“financial year” means a period of 12 months ending with 31st March;

   

“the Ministers” means the Secretary of State and the Lord Chancellor.

Duty of court to explain sentence

146     

Duty to give reasons for, and explain effect of, sentence

(1)   

Subject to subsections (3) and (4), any court passing sentence on an offender—

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(a)   

must state in open court, in ordinary language and in general terms, its

reasons for deciding on the sentence passed, and

(b)   

must explain to the offender in ordinary language—

(i)   

the effect of the sentence,

(ii)   

where the offender is required to comply with any order of the

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court forming part of the sentence, the effects of non-

compliance with the order,

(iii)   

any power of the court on the application of the offender or any

other person, to vary or review any order of the court forming

part of the sentence, and

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(iv)   

where the sentence consists of or includes a fine, the effects of

failure to pay the fine.

(2)   

In complying with subsection (1)(a), the court must—

(a)   

where guidelines indicate that a sentence of a particular kind, or within

a particular range, would normally be appropriate for the offence and

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the sentence is of a different kind, or is outside that range, state the

court’s reasons for deciding on a sentence of a different kind or outside

that range,

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 1 — General provisions about sentencing

101

 

(b)   

where the sentence is a custodial sentence and the duty in subsection

(2) of section 124 is not excluded by subsection (1)(a) or (b) or (3) of that

section, state that it is of the opinion referred to in section 124(2) and

why it is of that opinion,

(c)   

where the sentence is a community sentence and the case does not fall

5

within section 123(2), state that it is of the opinion that section 120(1)

applies and why it is of that opinion,

(d)   

where as a result of taking into account any matter referred to in section

116(1), the court imposes a punishment on the offender which is less

severe than the punishment it would otherwise have imposed, state

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that fact, and

(e)   

in any case, mention any aggravating or mitigating factors which the

court has regarded as being of particular importance.

(3)   

Subsection (1)(a) does not apply—

(a)   

to an offence the sentence for which is fixed by law (provision relating

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to sentencing for such an offence being made by section 242), or

(b)   

to an offence the sentence for which falls to be imposed under section

51A(2) of the Firearms Act 1968 (c. 27) or under subsection (2) of section

110 or 111 of the Sentencing Act (required custodial sentences).

(4)   

The Secretary of State may by order—

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(a)   

prescribe cases in which subsection (1)(a) or (b) does not apply, and

(b)   

prescribe cases in which the statement referred to in subsection (1)(a) or

the explanation referred to in subsection (1)(b) may be made in the

absence of the offender, or may be provided in written form.

(5)   

Where a magistrates’ court passes a custodial sentence, it must cause any

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reason stated by virtue of subsection (2)(b) to be specified in the warrant of

commitment and entered on the register.

(6)   

In this section—

   

“guidelines” has the same meaning as in section 144;

   

“the register” has the meaning given by section 163 of the Sentencing Act.

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Publication of information by Secretary of State

147     

Duty to publish information about sentencing

In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial

and other purposes) in subsection (1) before the “or” at the end of paragraph

(a) there is inserted—

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“(aa)    

enabling such persons to become aware of the relative

effectiveness of different sentences—

(i)   

in preventing re-offending, and

(ii)   

in promoting public confidence in the criminal justice

system;”.

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Interpretation of Chapter

148     

Interpretation of Chapter 1

In this Chapter—

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 2 — Community orders: offenders aged 16 or over

102

 

“allocation guidelines” has the meaning given by section 142(1)(b);

“the Council” means the Sentencing Guidelines Council;

“the Panel” means the Sentencing Advisory Panel;

“sentence” and “sentencing” are to be read in accordance with section

114(3);

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“sentencing guidelines” has the meaning given by section 142(1)(a);

“youth community order” has the meaning given by section 119(2).

Chapter 2

Community orders: offenders aged 16 or over

149     

Community orders

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(1)   

Where a person aged 16 or over is convicted of an offence, the court by or

before which he is convicted may make an order (in this Part referred to as a

“community order”) imposing on him any one or more of the following

requirements—

(a)   

an unpaid work requirement (as defined by section 171),

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(b)   

an activity requirement (as defined by section 173),

(c)   

a programme requirement (as defined by section 174),

(d)   

a prohibited activity requirement (as defined by section 175),

(e)   

a curfew requirement (as defined by section 176),

(f)   

an exclusion requirement (as defined by section 177),

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(g)   

a residence requirement (as defined by section 178),

(h)   

a mental health treatment requirement (as defined by section 179),

(i)   

a drug rehabilitation requirement (as defined by section 181),

(j)   

an alcohol treatment requirement (as defined by section 184),

(k)   

a supervision requirement (as defined by section 185), and

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(l)   

in a case where the offender is aged under 25, an attendance centre

requirement (as defined by section 186).

(2)   

Subsection (1) has effect subject to sections 122 and 190 and to the following

provisions of Chapter 4 relating to particular requirements—

(a)   

section 171(3) (unpaid work requirement),

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(b)   

section 173(3) and (4) (activity requirement),

(c)   

section 174(4) and (5) (programme requirement),

(d)   

section 175(2) (prohibited activity requirement),

(e)   

section 179(3) (mental health treatment requirement),

(f)   

section 181(2) (drug rehabilitation requirement), and

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(g)   

section 184(2) and (3) (alcohol treatment requirement).

(3)   

Where the court makes a community order imposing a curfew requirement or

an exclusion requirement, the court must also impose an electronic monitoring

requirement (as defined by section 187) unless—

(a)   

it is prevented from doing so by section 187(2) or 190(4), or

40

(b)   

in the particular circumstances of the case, it considers it inappropriate

to do so.

(4)   

Where the court makes a community order imposing an unpaid work

requirement, an activity requirement, a programme requirement, a prohibited

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

103

 

activity requirement, a residence requirement, a mental health treatment

requirement, a drug rehabilitation requirement, an alcohol treatment

requirement, a supervision requirement or an attendance centre requirement,

the court may also impose an electronic monitoring requirement unless

prevented from doing so by section 187(2) or 190(4).

5

(5)   

A community order must specify a date, not more than three years after the

date of the order, by which all the requirements in it must have been complied

with; and a community order which imposes two or more different

requirements falling within subsection (1) may also specify an earlier date or

dates in relation to compliance with any one or more of them.

10

(6)   

Before making a community order imposing two or more different

requirements falling within subsection (1), the court must consider whether, in

the circumstances of the case, the requirements are compatible with each other.

150     

Power to provide for court review of community orders

(1)   

The Secretary of State may by order—

15

(a)   

enable or require a court making a community order to provide for the

community order to be reviewed periodically by that or another court,

(b)   

enable a court to amend a community order so as to include or remove

a provision for review by a court, and

(c)   

make provision as to the timing and conduct of reviews and as to the

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powers of the court on a review.

(2)   

An order under this section may, in particular, make provision in relation to

community orders corresponding to any provision made by sections 163 and

164 in relation to suspended sentence orders.

(3)   

An order under this section may repeal or amend any provision of this Part.

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151     

Breach, revocation or amendment of community order

Schedule 7 (which relates to failures to comply with the requirements of

community orders and to the revocation or amendment of such orders) shall

have effect.

152     

Transfer of community orders to Scotland or Northern Ireland

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Schedule 8 (transfer of community orders to Scotland or Northern Ireland)

shall have effect.

Chapter 3

Prison sentences of less than 12 months

Prison sentences of less than twelve months

35

153     

Prison sentences of less than 12 months

(1)   

Any power of a court to impose a sentence of imprisonment for a term of less

than 12 months on an offender may be exercised only in accordance with the

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

104

 

following provisions of this section unless the court makes an intermittent

custody order (as defined by section 155).

(2)   

The term of the sentence—

(a)   

must be expressed in weeks,

(b)   

must be at least 28 weeks,

5

(c)   

must not be more than 51 weeks in respect of any one offence, and

(d)   

must not exceed the maximum term permitted for the offence.

(3)   

The court, when passing sentence, must—

(a)   

specify a period (in this Chapter referred to as “the custodial period”)

at the end of which the offender is to be released on a licence, and

10

(b)   

by order require the licence to be granted subject to conditions

requiring the offender’s compliance during the remainder of the term

(in this Chapter referred to as “the licence period”) or any part of it with

one or more requirements falling within section 154(1) and specified in

the order.

15

(4)   

In this Part “custody plus order” means an order under subsection (3)(b).

(5)   

The custodial period—

(a)   

must be at least 2 weeks, and

(b)   

in respect of any one offence, must not be more than 13 weeks.

(6)   

In determining the term of the sentence and the length of the custodial period,

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the court must ensure that the licence period is at least 26 weeks in length.

(7)   

Where a court imposes two or more terms of imprisonment in accordance with

this section to be served consecutively—

(a)   

the aggregate length of the terms of imprisonment must not be more

than 65 weeks, and

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(b)   

the aggregate length of the custodial periods must not be more than 26

weeks.

(8)   

A custody plus order which specifies two or more requirements may, in

relation to any requirement, refer to compliance within such part of the licence

period as is specified in the order.

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(9)   

Subsection (3)(b) does not apply where the sentence is a suspended sentence.

154     

Licence conditions

(1)   

The requirements falling within this subsection are—

(a)   

an unpaid work requirement (as defined by section 171),

(b)   

an activity requirement (as defined by section 173),

35

(c)   

a programme requirement (as defined by section 174),

(d)   

a prohibited activity requirement (as defined by section 175),

(e)   

a curfew requirement (as defined by section 176),

(f)   

an exclusion requirement (as defined by section 177),

(g)   

a supervision requirement (as defined by section 185), and

40

(h)   

in a case where the offender is aged under 25, an attendance centre

requirement (as defined by section 186).

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

105

 

(2)   

The power under section 153(3)(b) to determine the conditions of the licence

has effect subject to section 190 and to the following provisions of Chapter 4

relating to particular requirements—

(a)   

section 171(3) (unpaid work requirement),

(b)   

section 173(3) and (4) (activity requirement),

5

(c)   

section 174(4) and (5) (programme requirement), and

(d)   

section 175(2) (prohibited activity requirement).

(3)   

Where the court makes a custody plus order requiring a licence to contain a

curfew requirement or an exclusion requirement, the court must also require

the licence to contain an electronic monitoring requirement (as defined by

10

section 187) unless—

(a)   

the court is prevented from doing so by section 187(2) or 190(4), or

(b)   

in the particular circumstances of the case, it considers it inappropriate

to do so.

(4)   

Where the court makes a custody plus order requiring a licence to contain an

15

unpaid work requirement, an activity requirement, a programme requirement,

a prohibited activity requirement, a supervision requirement or an attendance

centre requirement, the court may also require the licence to contain an

electronic monitoring requirement unless the court is prevented from doing so

by section 187(2) or 190(4).

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(5)   

Before making a custody plus order requiring a licence to contain two or more

different requirements falling within subsection (1), the court must consider

whether, in the circumstances of the case, the requirements are compatible

with each other.

Intermittent custody

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155     

Intermittent custody

(1)   

A court may, when passing a sentence of imprisonment for a term complying

with subsection (4)—

(a)   

specify the number of days that the offender must serve in prison under

the sentence before being released on licence for the remainder of the

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term, and

(b)   

by order—

(i)   

specify periods during which the offender is to be released

temporarily on licence before he has served that number of days

in prison, and

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(ii)   

require any licence to be granted subject to conditions requiring

the offender’s compliance during the licence periods with one

or more requirements falling within section 154(1) and specified

in the order.

(2)   

In this Part “intermittent custody order” means an order under subsection

40

(1)(b).

(3)   

In this Chapter—

   

“licence period”, in relation to a term of imprisonment to which an

intermittent custody order relates, means any period during which the

offender is released on licence by virtue of subsection (1)(a) or (b)(i);

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Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

106

 

   

“the number of custodial days”, in relation to a term of imprisonment to

which an intermittent custody order relates, means the number of days

specified under subsection (1)(a).

(4)   

The term of the sentence—

(a)   

must be expressed in weeks,

5

(b)   

must be at least 28 weeks,

(c)   

must not be more than 51 weeks in respect of any one offence, and

(d)   

must not exceed the maximum term permitted for the offence.

(5)   

The number of custodial days—

(a)   

must be at least 14, and

10

(b)   

in respect of any one offence, must not be more than 90.

(6)   

A court may not exercise its powers under subsection (1) unless the offender

has expressed his willingness to serve the custodial part of the proposed

sentence intermittently, during the parts of the sentence that are not to be

licence periods.

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(7)   

Where a court exercises its powers under subsection (1) in respect of two or

more terms of imprisonment that are to be served consecutively—

(a)   

the aggregate length of the terms of imprisonment must not be more

than 65 weeks, and

(b)   

the aggregate of the numbers of custodial days must not be more than

20

180.

(8)   

The Secretary of State may by order require a court, in specifying licence

periods under subsection (1)(b)(i), to specify only—

(a)   

periods of a prescribed duration,

(b)   

periods beginning or ending at prescribed times, or

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(c)   

periods including, or not including, specified parts of the week.

(9)   

An intermittent custody order which specifies two or more requirements may,

in relation to any requirement, refer to compliance within such licence period

or periods, or part of a licence period, as is specified in the order.

156     

Restrictions on power to make intermittent custody order

30

(1)   

A court may not make an intermittent custody order unless it has been notified

by the Secretary of State that arrangements for implementing such orders are

available in the area proposed to be specified in the intermittent custody order

and the notice has not been withdrawn.

(2)   

The court may not make an intermittent custody order in respect of any

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offender unless—

(a)   

it has consulted an officer of a local probation board,

(b)   

it has received from the Secretary of State notification that suitable

prison accommodation is available for the offender during the

custodial periods, and

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(c)   

it appears to the court that the offender will have suitable

accommodation available to him during the licence periods.

(3)   

In this section “custodial period”, in relation to a sentence to which an

intermittent custody order relates, means any part of the sentence that is not a

licence period.

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