under section 120 of the Coroners and Justice Act 2009 as definitive
guidelines, as revised by any subsequent guidelines so issued.”

(3) In section 270 (duty to give reasons)—

(a) for subsection (1) substitute—

“(1) 5Subsection (2) applies where a court makes an order under
section 269(2) or (4).”;

(b) in subsection (2) for “In stating its reasons” substitute “In complying
with the duty under section 174(1)(a) to state its reasons for deciding on
the order made,”.

(4) 10In consequence of the amendments made by this section omit—

(a) paragraph 9(6) of Schedule 1 to the Violent Crime Reduction Act 2006;

(b) paragraph 80 of Schedule 4 to the Criminal Justice and Immigration Act
2008;

(c) paragraph 84 of Schedule 21 to the Coroners and Justice Act 2009.

15Community orders

55 Duration of community order

(1) In section 177 of the Criminal Justice Act 2003 (general provisions about
community orders), in subsection (5) (requirement for order to specify date on
which requirements must have been complied with)—

(a) 20after the first “date” insert “(“the end date”)”, and

(b) omit the words from “; and” to the end of the subsection.

(2) After that subsection insert—

“(5A) If a community order imposes two or more different requirements
falling within subsection (1), the order may also specify a date by which
25each of those requirements must have been complied with; and the last
of those dates must be the same as the end date.

(5B) Subject to section 200(3) (duration of community order imposing
unpaid work requirement), a community order ceases to be in force on
the end date.”

(3) 30In Schedule 8 to that Act (breach, revocation or amendment of community
order), in paragraph 9 (powers of magistrates’ court in case of breach)—

(a) in sub-paragraph (3), for the words from “but may” to the end of the
sub-paragraph substitute “but may only amend the order to substitute
a later date for that specified under section 177(5) in accordance with
35sub-paragraphs (3ZA) and (3ZB)”, and

(b) after that sub-paragraph insert—

“(3ZA) A date substituted under sub-paragraph (3)—

(a) may not fall outside the period of six months
beginning with the date previously specified under
40section 177(5);

(b) subject to that, may fall more than three years after the
date of the order.

(3ZB) The power under sub-paragraph (3) to substitute a date may
not be exercised in relation to an order if that power or the

power in paragraph 10(3) to substitute a date has previously
been exercised in relation to that order.

(3ZC) A date substituted under sub-paragraph (3) is to be treated as
having been specified in relation to the order under section
5177(5).”

(4) In that Schedule, in paragraph 10 (powers of Crown Court in case of breach)—

(a) in sub-paragraph (3), for the words from “but may” to the end of the
sub-paragraph substitute “but may only amend the order to substitute
a later date for that specified under section 177(5) in accordance with
10sub-paragraphs (3ZA) and (3ZB)”, and

(b) after that sub-paragraph insert—

“(3ZA) A date substituted under sub-paragraph (3)—

(a) may not fall outside the period of six months
beginning with the date previously specified under
15section 177(5);

(b) subject to that, may fall more than three years after the
date of the order.

(3ZB) The power under sub-paragraph (3) to substitute a date may
not be exercised in relation to an order if that power or the
20power under paragraph 9(3) to substitute a date has
previously been exercised in relation to that order.

(3ZC) A date substituted under sub-paragraph (3) is to be treated as
having been specified in relation to the order under section
section 177(5).”

(5) 25In that Schedule, after paragraph 19 insert—

“Extension of order

19A (1) The appropriate court may, on the application of the offender or the
responsible officer, amend a community order by substituting a later
date for that specified under section 177(5).

(2) 30A date substituted under sub-paragraph (1)—

(a) may not fall outside the period of six months beginning with
the date previously specified under section 177(5);

(b) subject to that, may fall more than three years after the date
of the order.

(3) 35The power under sub-paragraph (1) may not be exercised in relation
to an order if it has previously been exercised in relation to that
order.

(4) A date substituted under sub-paragraph (1) is to be treated as having
been specified in relation to the order under section 177(5).

(5) 40In this paragraph “the appropriate court” has the same meaning as in
paragraph 16.”

56 Breach of community order

(1) Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or amendment
of community order) is amended as follows.

(2) In paragraph 9 (powers of magistrates’ court in case of breach), in sub-
5paragraph (1)—

(a) in the opening words, for “must” substitute “may”, and

(b) after paragraph (a) insert—

“(aa) by ordering the offender to pay a fine of an amount
not exceeding £2,500;”.

(3) 10In sub-paragraph (6) of that paragraph, for the words from “be required to” to
“or (c),” substitute “have the power to deal with the offender under sub-
paragraph (1)(a), (aa), (b) or (c),”.

(4) In paragraph 10 (powers of Crown Court in case of breach), in sub-paragraph
(1)—

(a) 15in the opening words, for “must” substitute “may”, and

(b) after paragraph (a) insert—

“(aa) by ordering the offender to pay a fine of an amount
not exceeding £2,500;”.

(5) After paragraph 11 insert—

20“Power to amend amounts of fines

11A (1) The Secretary of State may by order amend any sum for the time
being specified in paragraph 9(1)(aa) or 10(1)(aa).

(2) 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
25value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 9(1)(aa) or 10(1)(aa) (as the
case may be) has been substituted by an order under sub-
paragraph (1), the date on which the sum was last so
30substituted;

(b) otherwise the date on which section 56 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 (which
inserted this paragraph) came into force.

(4) An order under sub-paragraph (1) (a “fine amendment order”) must
35not have effect in relation to any community order made in respect
of an offence committed before the fine amendment order comes into
force.”

Suspended sentence orders

57 Changes to powers to make suspended sentence order

(1) 40In section 189 of the Criminal Justice Act 2003 (suspended sentences of

imprisonment), for subsection (1) substitute—

“(1) If a court passes a sentence of imprisonment for a term of least 14 days
but not more than 2 years, it may make an order providing that the
sentence of imprisonment is not to take effect unless—

(a) 5during a period specified in the order for the purposes of this
paragraph (“the operational period”) the offender commits
another offence in the United Kingdom (whether or not
punishable with imprisonment), and

(b) a court having power to do so subsequently orders under
10paragraph 8 of Schedule 12 that the original sentence is to take
effect.

(1A) An order under subsection (1) may also provide that the offender must
comply during a period specified in the order for the purposes of this
subsection (“the supervision period”) with one or more requirements
15falling within section 190(1) and specified in the order.

(1B) Where an order under subsection (1) contains provision under
subsection (1A), it must provide that the sentence of imprisonment will
also take effect if—

(a) during the supervision period the offender fails to comply with
20a requirement imposed under subsection (1A), and

(b) a court having power to do so subsequently orders under
paragraph 8 of Schedule 12 that the original sentence is to take
effect.”

(2) In subsection (2) of that section (application of subsection (1) where
25consecutive sentences imposed), for the words from “does not exceed” to the
end substitute “does not exceed 2 years”.

(3) In subsection (3) of that section (length of supervision period and operational
period), after “supervision period” insert “(if any)”.

(4) In subsection (4) of that section (supervision period not to end later than
30operational period), at the beginning insert “Where an order under subsection
(1) imposes one or more community requirements,”.

(5) In subsection (7)(c) of that section (meaning of “community requirement”), for
“(1)(a)” substitute “(1A)”.

(6) Schedule 8 (changes to powers to make suspended sentence orders:
35consequential and transitory provision) has effect.

(7) The amendments and modifications made by this section and that Schedule
apply in relation to offences committed before or after the coming into force of
any provision of this section or that Schedule.

58 Fine for breach of suspended sentence order

(1) 40Schedule 12 to the Criminal Justice Act 2003 (breach or amendment of
suspended sentence order, and effect of further conviction) is amended as
follows.

(2) In paragraph 8 (powers of court in case of breach or conviction)—

(a) in sub-paragraph (2), after paragraph (b) insert—

“(ba) the court may order the offender to pay a fine of an
amount not exceeding £2,500,”, and

(b) in sub-paragraph (6), after “(b)” insert “, (ba)”.

(3) 5After paragraph 12 insert—

“Power to amend amount of fine

12A (1) The Secretary of State may by order amend the sum for the time
being specified in paragraph 8(2)(ba).

(2) The power conferred by sub-paragraph (1) may be exercised only if
10it 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.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 8(2)(ba) has been
substituted by an order under sub-paragraph (1), the date on
15which the sum was last so substituted;

(b) otherwise the date on which section 58 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 (which
inserted this paragraph) came into force.

(4) An order under sub-paragraph (1) (a “fine amendment order”) must
20not have effect in relation to any suspended sentence order made in
respect of an offence committed before the fine amendment order
comes into force.”

Requirements under community orders and suspended sentence orders

59 Programme requirement

(1) 25Section 202 of the Criminal Justice Act 2003 (orders imposing programme
requirements) is amended as follows.

(2) In subsection (1) (meaning of “programme requirement”)—

(a) after “participate” insert “in accordance with this section”, and

(b) for the words from “specified in the order” to the end of the subsection
30substitute “on the number of days specified in the order.”

(3) Omit subsections (4) and (5) (requirements to be met before court includes a
programme requirement in a relevant order).

(4) In subsection (6) (effect of programme requirement)—

(a) for “requirement to attend an accredited programme” substitute
35“programme requirement”, and

(b) in paragraph (a), for “at the place specified in the order” substitute “that
is from time to time specified by the responsible officer at the place that
is so specified”.

(5) In subsection (7) (requirement for place providing programme requirement to
40be approved) for “in an order” substitute “by a responsible officer”.

(6) In consequence of subsection (3), omit paragraph 86 of Schedule 4 to the
Criminal Justice and Immigration Act 2008.

60 Curfew requirement

(1) Section 204 of the Criminal Justice Act 2003 (orders imposing curfew
requirements) is amended as follows.

(2) In subsection (2) (order may not specify curfew period of more than twelve
5hours) for “twelve” substitute “sixteen”.

(3) In subsection (3) (order may not specify curfew periods outside period of six
months from making of order) for “six” substitute “twelve”.

61 Foreign travel prohibition requirement

(1) In section 177 of the Criminal Justice Act 2003 (community orders), in
10subsection (1), after paragraph (g) insert—

“(ga) a foreign travel prohibition requirement (as defined by section
206A),”.

(2) In subsection (4) of that section (power to impose electronic monitoring
requirement), after “a residence requirement,” insert “a foreign travel
15prohibition requirement,”.

(3) In section 190 of that Act (imposition of requirements by suspended sentence
order), in subsection (1), after paragraph (g) insert—

“(ga) a foreign travel prohibition requirement (as defined by section
206A),”.

(4) 20In subsection (4) of that section (power to impose electronic monitoring
requirement), after “a residence requirement,” insert “a foreign travel
prohibition requirement,”.

(5) After section 206 of that Act insert—

“206A Foreign travel prohibition requirement

(1) 25In this Part “foreign travel prohibition requirement”, in relation to a
relevant order, means a requirement prohibiting the offender from
travelling, on a day or days specified in the order, or for a period so
specified—

(a) to any country outside the British Islands specified or described
30in the order,

(b) to any country outside the British Islands other than a country
specified or described in the order, or

(c) to any country outside the British Islands.

(2) A day specified under subsection (1) may not fall outside the period of
3512 months beginning with the day on which the community order is
made.

(3) A period specified under that subsection may not exceed 12 months
beginning with the day on which the community order is made.”

(6) In section 305(1) of that Act (interpretation of Part 12), at the appropriate place
40insert—

• ““foreign travel prohibition requirement”, in relation to a
  community order or suspended sentence order, has the
  meaning given by section 206A;”.

62 Mental health treatment requirement

(1) Section 207 of the Criminal Justice Act 2003 (mental health treatment
requirement) is amended as follows.

(2) In subsection (3)(a) (requirement for court to be satisfied as to offender’s
5mental condition on evidence of registered medical practitioner)—

(a) omit the words from “, on the evidence” to “1983,”, and

(b) in sub-paragraph (ii), for “that Act” substitute “the Mental Health Act
1983”.

(3) Omit subsection (5) (application of section 54(2) and (3) of the Mental Health
10Act 1983 to proof of offender’s mental condition).

63 Drug rehabilitation requirement

(1) In section 209 of the Criminal Justice Act 2003 (drug rehabilitation
requirements) omit subsection (3) (requirement for treatment and testing
period to be at least six months).

(2) 15In section 211(2) of that Act (powers of court at review hearing)—

(a) at the end of paragraph (a) insert “and”, and

(b) omit paragraph (b) and the “and” at the end of that paragraph.

64 Alcohol treatment requirement

In section 212 of the Criminal Justice Act 2003 (alcohol treatment requirement)
20omit subsection (4) (requirement for alcohol treatment requirement to have
effect for at least six months).

Youth sentences

65 Referral orders for young offenders

(1) In section 16(1)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (duty
25or power to refer a young offender to a youth offender panel not to apply if
court proposes to discharge the offender absolutely) for “absolutely” substitute
“, whether absolutely or conditionally,”.

(2) In section 17 of that Act (the referral conditions)—

(a) in subsection (2) at the end of paragraph (a) insert “and”,

(b) 30in that subsection omit paragraph (c) and the word “and” immediately
before it, and

(c) omit subsections (2A) to (2D).

(3) In consequence of the amendment made by subsection (2)(c) omit paragraph
12(3), (4) and (5) of Schedule 17 to the Coroners and Justice Act 2009.

(4) 35The amendments made by this section do not apply in relation to any sentence
passed in relation to an offence committed before the coming into force of this
section.

66 Breach of detention and training order

(1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In section 104 (breach of detention and training order), in subsection (3)
(penalties for breach), for paragraph (a) and the “or” at the end of that
paragraph substitute—

“(a) order the offender to be detained, in such youth detention
5accommodation as the Secretary of State may determine, for
such period, not exceeding the maximum period found under
subsection (3A), as the court may specify;

(aa) order the offender to be subject to such period of supervision,
not exceeding the maximum period found under subsection
10(3A), as the court may specify; or”.

(3) After subsection (3) of that section insert—

“(3A) The maximum period referred to in subsection (3)(a) and (aa) above is
the shorter of—

(a) three months, and

(b) 15the period beginning with the date of the offender’s failure and
ending with the last day of the term of the detention and
training order.

(3B) For the purposes of subsection (3A) above a failure that is found to have
occurred over two or more days is to be taken to have occurred on the
20first of those days.

(3C) A court may order a period of detention or supervision, or impose a
fine, under subsection (3) above before or after the end of the term of
the detention and training order.

(3D) A period of detention or supervision ordered under subsection (3)
25above—

(a) begins on the date the order is made, and

(b) may overlap to any extent with the period of supervision under
the detention and training order.”

(4) After subsection (4) insert—

“(4A) 30Where an order under subsection (3)(a) above is made in the case of a
person who has attained the age of 18, the order has effect to require the
person to be detained in prison for the period specified by the court.”

(5) After subsection (5) of that section insert—

“(5A) Sections 104A and 104B below make further provision about the
35operation of orders under subsection (3) above.”

(6) In subsection (6) of that section, after “(a)” insert “, (aa)”.

(7) After that section insert—

104A   Application of sections 103 to 105 in relation to orders under section
104(3)(aa)

(1) 40Subsections (3) to (7) of section 103 above apply in relation to a period
of supervision to which an offender is subject by virtue of an order
under section 104(3)(aa) above as they apply to the period of
supervision under a detention and training order.

(2) In the application of section 103 above by virtue of subsection (1) above,
45subsection (7)(a) of that section is to be read as requiring a notice to be

given to the offender as soon as is reasonably practicable after the order
under section 104(3)(aa) above is made.

(3) Section 104 above and section 105 below apply where an offender is
subject to a period of supervision under section 104(3)(aa) above as they
5apply where a detention and training order is in force in respect of an
offender.

(4) In the application of section 104 above by virtue of subsection (3)
above—

(a) the references in that section to section 103(6)(b) above are to be
10read as references to that provision as applied by subsection (1)
above,

(b) the references in subsections (3A)(b) and (3C) of that section to
the term of the detention and training order are to be read as
references to the term of the period of supervision under section
15104(3)(aa), and

(c) the reference in subsection (3D)(b) of that section to the period
of supervision under the detention and training order is to be
read as including a reference to the period of supervision under
section 104(3)(aa).

(5) 20In the application of section 105 below by virtue of subsection (3)
above—

(a) paragraph (a) of subsection (1) of that section is to be read as if
the words “after his release and” were omitted, and

(b) the reference in that paragraph to the date on which the term of
25the detention and training order ends is to be read as a reference
to the date on which the period of supervision under section
104(3)(aa) ends.

104B   Interaction of orders under section 104(3)(a) with other sentences

(1) Where a court makes a detention and training order in the case of an
30offender who is subject to a period of detention under section 104(3)(a)
above, the detention and training order takes effect—

(a) at the beginning of the day on which it is made, or

(b) if the court so orders, at the time when the period of detention
under section 104(3)(a) above ends.

(2) 35Where a court orders an offender who is subject to a detention and
training order to be subject to a period of detention under section
104(3)(a) for a failure to comply with requirements under a different
detention and training order, the period of detention takes effect as
follows—

(a) 40if the offender has been released by virtue of subsection (2), (3),
(4) or (5) of section 102 above, at the beginning of the day on
which the order for the period of detention is made, and

(b) if not, either as mentioned in paragraph (a) above or, if the court
so orders, at the time when the offender would otherwise be
45released by virtue of subsection (2), (3), (4) or (5) of section 102
above.

(3) Subject to subsection (4) below, where at any time an offender is subject
concurrently—

(a) to a detention and training order, and

(b) to a period of detention under section 104(3)(a),

the offender is to be treated for the purposes of sections 102 to 105 of
this Act as if the offender were subject only to the detention and
training order.

(4) 5Nothing in subsection (3) requires the offender to be released in respect
of either the order or the period of detention unless and until the
offender is required to be released in respect of each of them.

(5) The Secretary of State may by regulations make provision about the
interaction between a period of detention under section 104(3)(a) above
10and a custodial sentence in a case where—

(a) an offender who is subject to such a period of detention
becomes subject to a custodial sentence, or

(b) an offender who is subject to a custodial sentence becomes
subject to such a period of detention.

(6) 15The provision that may be made by regulations under subsection (5)
includes—

(a) provision as to the time at which the period of detention under
section 104(3)(a) above or the custodial sentence is to take effect;

(b) provision for the offender to be treated, for the purposes of the
20enactments specified in the regulations, as subject only to the
period of detention or the custodial sentence;

(c) 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
25in the regulations.

(7) The power of the Secretary of State to make regulations under
subsection (5)—

(a) is exercisable by statutory instrument;

(b) includes power to make supplementary, incidental,
30transitional, transitory or saving provision.

(8) A statutory instrument containing regulations under subsection (5) is
subject to annulment in pursuance of a resolution of either House of
Parliament.”

(8) Before the coming into force of section 61 of the Criminal Justice and Court
35Services Act 2000 (abolition of sentence of detention in a young offender
institution) section 104(4A) of the Powers of Criminal Courts (Sentencing) Act
2000 has effect as if it referred to a person who has attained the age of 21.

(9) The amendments made by this section apply in relation to a failure to comply
with requirements under section 103(6)(b) of the Powers of Criminal Courts
40(Sentencing) Act 2000 that occurs after this section comes into force.

(10) Where a failure is found to have occurred over two or more days, it is to be
taken for the purposes of subsection (9) to have occurred on the first of those
days.

67 Youth rehabilitation order: curfew requirement

(1) 45Paragraph 14 of Schedule 1 to the Criminal Justice and Immigration Act 2008
(youth rehabilitation order: curfew requirement) is amended as follows.