(6) The court must identify any definitive sentencing guidelines relevant to
the offender’s case and—

(a) explain how the court discharged any duty imposed on it by
section 125 of the Coroners and Justice Act 2009 (duty to follow
5guidelines unless satisfied it would be contrary to the interests
of justice to do so);

(b) where the court was satisfied it would be contrary to the
interests of justice to follow the guidelines, state why.

(7) Where, as a result of taking into account any matter referred to in
10section 144(1) (guilty pleas), the court imposes a punishment on the
offender which is less severe than the punishment it would otherwise
have imposed, the court must state that fact.

(8) Where the offender is under 18 and the court imposes a sentence that
may only be imposed in the offender’s case if the court is of the opinion
15mentioned in—

(a) section 1(4)(a) to (c) of the Criminal Justice and Immigration Act
2008 and section 148(1) of this Act (youth rehabilitation order
with intensive supervision and surveillance or with fostering),
or

(b) 20section 152(2) of this Act (discretionary custodial sentence),

the court must state why it is of that opinion.

(9) In this section “definitive sentencing guidelines” means sentencing
guidelines issued by the Sentencing Council for England and Wales
under section 120 of the Coroners and Justice Act 2009 as definitive
25guidelines, as revised by any subsequent guidelines so issued.”

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

(a) for subsection (1) substitute—

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

(b) 30in 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) In the Armed Forces Act 2006—

(a) in section 252 (duty to give reasons and explain sentence), omit
35subsection (2);

(b) in section 253 (duties in complying with section 252), omit subsections
(1)(a), (c) and (d) and (2)(b) and (d) to (h).

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

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

(b) 40paragraph 80 of Schedule 4 to the Criminal Justice and Immigration Act
2008;

(c) paragraph 24 of Schedule 25 to that Act;

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

Community 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
5which requirements must have been complied with)—

(a) after 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
10falling within subsection (1), the order may also specify a date by which
each 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
15the end date.”

(3) In 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
20a later date for that specified under section 177(5) in accordance with
sub-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
25beginning 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.

(3ZB) The power under sub-paragraph (3) to substitute a date may
30not 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
35177(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
40sub-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
45section 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
5power 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) 10In 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) 15A 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) 20The 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) 25In 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) 30In paragraph 9 (powers of magistrates’ court in case of breach), in sub-
paragraph (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
35not exceeding £2,500;”.

(3) In that paragraph, after sub-paragraph (3A) insert—

“(3B) A fine imposed under sub-paragraph (1)(aa) is to be treated, for the
purposes of any enactment, as being a sum adjudged to be paid by a
conviction.”

(4) 40In 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),”.

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

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

(b) after paragraph (a) insert—

“(aa) 5by ordering the offender to pay a fine of an amount
not exceeding £2,500;”.

(6) In that paragraph, after sub-paragraph (3A) insert—

“(3B) A fine imposed under sub-paragraph (1)(aa) is to be treated, for the
purposes of any enactment, as being a sum adjudged to be paid by a
10conviction.”

(7) After paragraph 11 insert—

“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) 15The 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.

(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
20case may be) has been substituted by an order under sub-
paragraph (1), the date on which the sum was last so
substituted;

(b) otherwise the date on which section 56 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 (which
25inserted this paragraph) came into force.

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

30Suspended sentence orders

57 Changes to powers to make suspended sentence order

(1) In 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
35but not more than 2 years, it may make an order providing that the
sentence of imprisonment is not to take effect unless—

(a) during 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
40punishable with imprisonment), 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.

(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
falling within section 190(1) and specified in the order.

(1B) 5Where 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
a requirement imposed under subsection (1A), and

(b) 10a 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
consecutive sentences imposed), for the words from “does not exceed” to the
15end 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
operational period), at the beginning insert “Where an order under subsection
20(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:
consequential and transitory provision) has effect.

(7) 25The 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) Schedule 12 to the Criminal Justice Act 2003 (breach or amendment of
30suspended 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
35amount not exceeding £2,500,”,

(b) after sub-paragraph (4) insert—

“(4ZA) A fine imposed under sub-paragraph (2)(ba) is to be treated,
for the purposes of any enactment, as being a sum adjudged
to be paid by a conviction.”, and

(c) 40in sub-paragraph (6), after “(b)” insert “, (ba)”.

(3) After 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) 5The 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.

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

(a) if the sum specified in paragraph 8(2)(ba) has been
10substituted by an order under sub-paragraph (1), the date on
which 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) 15An order under sub-paragraph (1) (a “fine amendment order”) must
not 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 20Programme requirement

(1) In section 177(2) of the Criminal Justice Act 2003 (community orders:
restrictions relating to particular requirements) omit paragraph (c) (which
refers to section 202(4) and (5) of that Act).

(2) In section 190(2) of that Act (suspended sentence orders: restrictions relating to
25particular requirements) omit paragraph (c) (which refers to section 202(4) and
(5) of that Act).

(3) Section 202 of that Act (orders imposing programme requirements) is
amended as follows.

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

(a) 30after “participate” insert “in accordance with this section”, and

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

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

(6) 35In subsection (6) (effect of programme requirement)—

(a) for “requirement to attend an accredited programme” substitute
“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
40is so specified”.

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

(8) In consequence of subsection (5), 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
5requirements) is amended as follows.

(2) In subsection (2) (order may not specify curfew period of more than twelve
hours) 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 10Foreign travel prohibition requirement

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

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

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

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

“(ga) 20a foreign travel prohibition requirement (as defined by section
206A),”.

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

(5) 25After section 206 of that Act insert—

“206A Foreign travel prohibition requirement

(1) In 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
30specified—

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

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

(c) 35to any country outside the British Islands.

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

(3) A period specified under that subsection may not exceed 12 months
40beginning 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

insert—

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

62 5Mental 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
mental condition on evidence of registered medical practitioner)—

(a) 10omit 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
Act 1983 to proof of offender’s mental condition).

63 15Drug 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) In section 211(2) of that Act (powers of court at review hearing)—

(a) 20at 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)
omit subsection (4) (requirement for alcohol treatment requirement to have
25effect for at least six months).

Overseas community orders and service community orders

65 Overseas community orders and service community orders

(1) Section 182 of the Armed Forces Act 2006 (general provisions about overseas
community orders) is amended as follows.

(2) 30In subsection (1)(a) (requirements that may be imposed by overseas
community orders), after “Act)” insert “(but see subsection (1A) below)”.

(3) After subsection (1) insert—

“(1A) The order may not include a requirement mentioned in section
177(1)(ga) (a foreign travel prohibition requirement).”

(4) 35In subsection (4) (application of section 177(5) and (6) of the Criminal Justice
Act 2003 to overseas community orders), after “(5)” insert “, (5A), (5B)”.

(5) In Part 1 of Schedule 5 to that Act (breach, revocation and amendment of
service community orders), in paragraph 1(2) (provisions of Schedule 8 to the

Criminal Justice Act 2003 that do not apply to such orders), after “18(4),” insert
“19A(5),”.

(6) In Part 2 of Schedule 5 to that Act (breach, revocation and amendment of
overseas community orders), in paragraph 10(2) (provisions of Schedule 8 to
5the Criminal Justice Act 2003 that do not apply to such orders), after “19,” insert
“19A(5),”.

(7) In Schedule 6 to that Act (overseas community orders imposed on young
offenders), in paragraph 5 (modification of drug rehabilitation requirement in
relation to such offenders), omit sub-paragraph (4) (which disapplies section
10209(3) of the Criminal Justice Act 2003).

Youth sentences

66 Referral orders for young offenders

(1) In section 16(1)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (duty
or power to refer a young offender to a youth offender panel not to apply if
15court 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) in that subsection omit paragraph (c) and the word “and” immediately
20before 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) The amendments made by this section do not apply in relation to any sentence
25passed in relation to an offence committed before the coming into force of this
section.

67 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)
30(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
accommodation as the Secretary of State may determine, for
such period, not exceeding the maximum period found under
35subsection (3A) below, 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
(3A) below, as the court may specify; or”.

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

“(3A) 40The maximum period referred to in subsection (3)(a) and (aa) above is
the shorter of—

(a) three months, and

(b) the 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
5occurred over two or more days is to be taken to have occurred on the
first 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) 10A period of detention or supervision ordered under subsection (3)
above—

(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) 15After subsection (4) of that section insert—

“(4A) Where 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) 20Sections 104A and 104B below make further provision about the
operation 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
25104(3)(aa)

(1) Subsections (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) 30In the application of section 103 above by virtue of subsection (1) above,
subsection (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
35subject to a period of supervision under section 104(3)(aa) above as they
apply 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) 40the references in that section to section 103(6)(b) above are to be
read 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