Sentencing Bill [HL] (HL Bill 127)

[A Table showing the origin of the provisions of this consolidation Bill is published as a separate document annexed to this Bill. The Table has no official status.]
 

Contents

  1. First Group of Parts

    Introductory provisions and overview

  2. Part 1

    Introductory provisions and overview

    1. 1.Overview

    2. 2.Application of Code

  3. Second Group of Parts

    Provisions applying to sentencing courts generally

  4. Part 2

    Powers exercisable before passing sentence

    1. Chapter 1

      Deferment of sentence

      1. 3.Deferment order

      2. 4.Availability of deferment order

      3. 5.Making a deferment order

      4. 6.Effect of deferment order

      5. 7.Restorative justice requirements

      6. 8.Deferment order: supervisor

      7. 9.Failure to comply with deferment requirement

      8. 10.Conviction of offence during period of deferment

      9. 11.Powers of court dealing with offender following deferment order

      10. 12.Saving for power to bind over and other powers to defer sentence

      11. 13.Deferment orders: interpretation

    2. Chapter 2

      Committal to the Crown Court for sentence

      1. Committal following summary trial: adults and corporations

        1. 14.Committal for sentence on summary trial of offence triable either way: adults and corporations

        2. 15.Committal for sentence of dangerous adult offenders

      2. Committal following summary trial: persons under 18

        1. 16.Committal for sentence of young offenders on summary trial of certain serious offences

        2. 17.Committal for sentence of dangerous young offenders

      3. Committal for sentence following indication of guilty plea

        1. 18.Committal for sentence on indication of guilty plea to offence triable either way: adult offenders

        2. 19.Committal for sentence on indication of guilty plea by child with related offences

      4. Committal for sentence where offender committed in respect of another offence

        1. 20.Committal in certain cases where offender committed in respect of another offence

      5. Power of Crown Court on committal for sentence

        1. 21.Power of Crown Court on committal for sentence of offender under section , or

        2. 22.Power of Crown Court on committal for sentence of person under 18 under section , or

        3. 23.Power of Crown Court on committal for sentence under section

      6. Further powers to commit to Crown Court for sentence

        1. 24.Further powers to commit offender to the Crown Court to be dealt with

    3. Chapter 3

      Remission to youth court or other magistrates' court for sentence

      1. 25.Power and duty to remit offenders aged under 18 to youth courts for sentence

      2. 26.Remission by Crown Court to youth court: custody or bail, and appeals

      3. 27.Power of youth court to remit offender who attains age of 18 to magistrates’ court other than youth court for sentence

      4. 28.Power of magistrates’ court to remit case to another magistrates’ court for sentence

      5. 29.Remission by magistrates’ court: adjournment, remand and appeal

  5. Part 3

    Procedure

    1. Chapter 1

      Information and reports

      1. Pre-sentence reports

        1. 30.Pre-sentence report requirements

        2. 31.Meaning of “pre-sentence report” etc

        3. 32.Disclosure of pre-sentence reports

        4. 33.Appeals: requirements relating to pre-sentence reports

      2. Other reports of providers of probation services etc

        1. 34.Disclosure of other reports

      3. Financial circumstances orders

        1. 35.Powers to order statement as to offender’s financial circumstances

        2. 36.Financial circumstances order: offences

      4. Other powers to obtain reports etc

        1. 37.Reports and information: other powers of court

    2. Chapter 2

      Derogatory assertion orders

      1. 38.Derogatory assertion order and restriction on reporting of assertions

      2. 39.Order in respect of certain assertions

      3. 40.Reporting of assertions: offences

      4. 41.Reporting of assertions: supplementary

    3. Chapter 3

      Surcharge

      1. 42.Court’s duty to order payment of surcharge

      2. 43.Amount of surcharge

    4. Chapter 4

      Criminal courts charge

      1. 44.Criminal courts charge duty where court dealing with offender for offence

      2. 45.Other occasions where criminal courts charge duty arises

      3. 46.Criminal courts charge duty

      4. 47.Court to disregard criminal courts charge duty in dealing with offender

      5. 48.Amount of criminal courts charge

      6. 49.Interest on criminal courts charge

      7. 50.Power of magistrates’ court to remit criminal courts charge

      8. 51.Regulations under Chapter

    5. Chapter 5

      Duties to explain or give reasons

      1. 52.Duty to give reasons for and to explain effect of sentence

      2. 53.Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian

      3. 54.Duty to give reasons where reparation order not made

      4. 55.Duty to give reasons where compensation order not made

      5. 56.Other duties of court to give reasons where certain orders not made

  6. Part 4

    Exercise of court's discretion

    1. Chapter 1

      Purposes of sentencing

      1. 57.Purposes of sentencing: adults

      2. 58.Offenders aged under 18: considerations of court not affected by Code

    2. Chapter 2

      Sentencing guidelines

      1. 59.Sentencing guidelines: general duty of court

      2. 60.Sentencing guidelines: determination of sentence

      3. 61.Sentencing guidelines: extended sentences and life sentences

      4. 62.Sentencing guidelines duties: interpretation

    3. Chapter 3

      Seriousness and determining sentence

      1. Generally

        1. 63.Assessing seriousness

      2. Aggravating factors

        1. 64.Offence committed on bail

        2. 65.Previous convictions

        3. 66.Hostility

        4. 67.Assaults on emergency workers

        5. 68.Emergency workers for the purposes of section

        6. 69.Terrorist connection

        7. 70.Using minor to mind weapon

        8. 71.Supply of controlled drug near school premises or involving child

        9. 72.Supply of psychoactive substance in certain circumstances

      3. Mitigating factors

        1. 73.Reduction in sentence for guilty plea

        2. 74.Reduction in sentence for assistance to prosecution

        3. 75.Specified prosecutors

      4. Effect of Code on other powers of court in assessing seriousness

        1. 76.Effect of Chapter on other powers of court to consider seriousness

        2. 77.Basis of opinion provisions not to affect power to mitigate sentences

        3. 78.Basis of opinion provisions: offenders suffering from a mental disorder

  7. Third Group of Parts

    Disposals

  8. Part 5

    Absolute and conditional discharge

    1. 79.Order for absolute discharge

    2. 80.Order for conditional discharge

    3. 81.Commission of further offence by person conditionally discharged

    4. 82.Effect of discharge

  9. Part 6

    Orders relating to conduct

    1. Chapter 1

      Referral orders for offenders aged under 18

      1. Making referral orders

        1. 83.Referral order

        2. 84.Referral order: availability

        3. 85.Duty and power to make referral order

        4. 86.Making of referral order: general

        5. 87.Referral order consecutive to earlier referral order

        6. 88.Making of referral order: connected offences

        7. 89.Making of referral order: effect on court’s other sentencing powers

        8. 90.Order requiring parents etc to attend meetings

      2. Youth offender panels

        1. 91.Establishment of youth offender panels

        2. 92.Attendance at panel meetings: offender and parent or guardian

        3. 93.Failure of parent or guardian to comply with order under section

        4. 94.Attendance at panel meetings: other persons

      3. Youth offender contracts

        1. 95.Duty of youth offending team to arrange initial meetings of panel

        2. 96.Agreement of youth offender contract with offender

        3. 97.Duration of compliance period

        4. 98.Failure to agree youth offender contract

        5. 99.Arranging progress meetings

        6. 100.Progress meetings: conduct

        7. 101.Final meeting

      4. Other powers to refer offender back to court

        1. 102.Revocation of referral order where offender making good progress etc

        2. 103.Extension of compliance period

      5. Further court proceedings

        1. 104.Offender referred back to court or convicted while subject to referral order

      6. Supplementary

        1. 105.Youth offender panel: change of residence

        2. 106.Functions of the specified youth offending team

        3. 107.Rules of court

        4. 108.Referral orders: interpretation

    2. Chapter 2

      Reparation orders for offenders aged under 18

      1. 109.Reparation order

      2. 110.Reparation order: availability

      3. 111.Requirement to consider report before making a reparation order

      4. 112.Requirements to make reparation to be specified in order

      5. 113.Other provision to be specified in a reparation order

      6. 114.Making reparation

      7. 115.Breach, revocation or amendment of reparation order

      8. 116.Reparation orders: interpretation

    3. Chapter 3

      Other orders

      1. 117.Orders under Street Offences Act 1959

  10. Part 7

    Financial orders and orders relating to property

    1. Chapter 1

      Fines

      1. Availability

        1. 118.Availability of fine: magistrates’ court

        2. 119.Power of magistrates’ court to fine where only imprisonment etc specified

        3. 120.General power of Crown Court to fine offender convicted on indictment

        4. 121.Availability of fine: effect of other orders

      2. Magistrates' court

        1. 122.The standard scale of fines for summary offences

        2. 123.Limit on fines imposed by magistrates’ courts in respect of young offenders

      3. Exercise of powers

        1. 124.Fixing of fine: duty of court to inquire into individual offender’s circumstances

        2. 125.Exercise of court’s powers to impose fine and fix amount

        3. 126.Power to determine financial circumstances where offender is absent or fails to provide information

        4. 127.Remission of fines following determination under section

      4. Fines: payment

        1. 128.Fine imposed on offender aged under 18: payment by parent or guardian

        2. 129.Fine imposed on offender by Crown Court: duty to make term in default order

        3. 130.Fine imposed by Crown Court: power to allow time for payment or payment by instalments

        4. 131.Fine imposed by Crown Court: power to search offender

        5. 132.Enforcement of fines imposed on offenders by Crown Court

    2. Chapter 2

      Compensation orders

      1. Compensation orders

        1. 133.Compensation order

      2. Making a compensation order

        1. 134.Compensation order: availability

        2. 135.Making a compensation order

      3. Particular cases

        1. 136.Road accidents

        2. 137.Damage to property and clean-up costs resulting from certain offences

        3. 138.Funeral expenses and bereavement: cases other than road accidents

      4. Compensation orders made in respect of young offenders

        1. 139.Limit on compensation payable under compensation order of magistrates’ court in case of young offender

        2. 140.Compensation order: order for payment by parent or guardian

      5. Compensation orders: supplementary

        1. 141.Compensation orders: suspension of entitlement and appeals etc

        2. 142.Limit on compensation payable under compensation order of magistrates’ court: offences committed before 11 December 2013

        3. 143.Review of compensation orders

        4. 144.Effect of compensation order on subsequent award of damages in civil proceedings

        5. 145.Compensation orders: interpretation

      6. Compensation etc under other Acts

        1. 146.Compensation etc under other Acts

    3. Chapter 3

      Restitution and restoration

      1. 147.Restitution order where goods stolen or obtained by blackmail or fraud

      2. 148.Restitution order: availability

      3. 149.Making a restitution order

      4. 150.Restitution orders: supplementary provision about appeals

      5. 151.Restitution orders: interpretation and application

    4. Chapter 4

      Forfeiture, deprivation of property etc

      1. 152.Deprivation order

      2. 153.Deprivation order: availability

      3. 154.Vehicle to be treated as used for purpose of certain offences

      4. 155.Exercise of power to make deprivation order

      5. 156.Deprivation order: property to be taken into possession of police or Secretary of State

      6. 157.Property to which a deprivation order applies: orders by magistrates’ court

      7. 158.Regulations about unclaimed property to which deprivation order applies

      8. 159.Application of proceeds of property subject to deprivation order

      9. 160.Orders for forfeiture etc under other Acts

      10. 161.Confiscation orders under other Acts

  11. Part 8

    Disqualification

    1. Chapter 1

      Driving disqualification

      1. 162.Driving disqualification order

      2. 163.Driving disqualification: availability for any offence

      3. 164.Driving disqualification order: availability where vehicle used for purposes of crime

      4. 165.Disqualification period

      5. 166.Extension of disqualification where custodial sentence also imposed

      6. 167.Effect of custodial sentence in other cases

      7. 168.Requirement to produce licences where driving disqualification order made

      8. 169.Driving disqualification orders: interpretation

      9. 170.Road Traffic Offenders Act 1988: further provision about driving disqualification etc

    2. Chapter 2

      Disqualification etc under other Acts

      1. 171.Offences relating to animals

      2. 172.Company directors

  12. Part 9

    Community sentences

    1. Chapter 1

      Youth rehabilitation orders

      1. What a youth rehabilitation order is

        1. 173.Youth rehabilitation order

        2. 174.Youth rehabilitation requirements table

        3. 175.Youth rehabilitation order with intensive supervision and surveillance

        4. 176.Youth rehabilitation order with fostering

      2. Availability

        1. 177.Youth rehabilitation order: availability

        2. 178.Youth rehabilitation order with intensive supervision and surveillance or fostering: availability

      3. Exercise of power to make youth rehabilitation order

        1. 179.Exercise of power to make youth rehabilitation order: general considerations

        2. 180.Making youth rehabilitation order with intensive supervision and surveillance or fostering

        3. 181.Making youth rehabilitation order where offender subject to other order

        4. 182.Youth rehabilitation order: effect of remand in custody

        5. 183.Concurrent and consecutive orders

      4. Available requirements

        1. 184.Youth rehabilitation order: available requirements

        2. 185.Youth rehabilitation order: availability of particular requirements

      5. Exercise of power to impose particular requirements

        1. 186.Youth rehabilitation order: exercise of power to impose particular requirements

      6. Making a youth rehabilitation order: contents

        1. 187.Youth rehabilitation order to specify end date

        2. 188.Youth rehabilitation order to specify offender’s home local justice area

        3. 189.Power for Crown Court to direct magistrates’ court supervision

        4. 190.Provision of copies of youth rehabilitation order and related documents

      7. Obligations of responsible officer and offender

        1. 191.The responsible officer

        2. 192.Obligations of responsible officer

        3. 193.Duty of offender to keep in touch with responsible officer etc

      8. Review

        1. 194.Power to provide for court review of youth rehabilitation orders

      9. Breach, revocation or amendment of order

        1. 195.Breach, revocation or amendment of youth rehabilitation order

      10. Transferring order to Northern Ireland

        1. 196.Transfer of youth rehabilitation orders to Northern Ireland

      11. Youth rehabilitation orders: supplementary

        1. 197.Youth rehabilitation orders: interpretation

        2. 198.When a youth rehabilitation order is in force

        3. 199.Youth rehabilitation orders: Isles of Scilly

    2. Chapter 2

      Community orders

      1. What a community order is

        1. 200.Community order

        2. 201.Community order requirements table

      2. Availability

        1. 202.Community order: availability

        2. 203.Restriction on making both community order and suspended sentence order

      3. Exercise of power to make community order

        1. 204.Exercise of power to impose community order: general considerations

        2. 205.Community order: effect of remand in custody

      4. Available requirements

        1. 206.Community order: available requirements

        2. 207.Community order: availability of particular requirements

      5. Exercise of power to impose requirements

        1. 208.Community order: exercise of power to impose particular requirements

      6. Making a community order

        1. 209.Community order to specify end date etc

        2. 210.Community order to specify offender’s home local justice area

        3. 211.Power for Crown Court to direct magistrates’ court supervision

        4. 212.Provision of copies of community order and related documents

      7. Obligations of responsible officer and offender

        1. 213.The responsible officer

        2. 214.Obligations of responsible officer

        3. 215.Duty of offender to keep in touch with responsible officer

        4. 216.Duty of offender to obtain permission before changing residence

      8. Review

        1. 217.Power to provide for court review of community orders

      9. Breach, revocation or amendment of community order

        1. 218.Breach, revocation or amendment of community order

      10. Transferring order to Scotland or Northern Ireland

        1. 219.Transfer of community orders to Scotland or Northern Ireland

      11. Community orders: supplementary

        1. 220.When a community order ceases to be in force

  13. Part 10

    Custodial sentences

    1. Chapter 1

      Custody: general provisions

      1. Introductory

        1. 221.Overview of Part

        2. 222.Meaning of “custodial sentence”

      2. General limits on powers to impose custodial sentences

        1. 223.Two year limit on imprisonment for statutory offence if no maximum specified

        2. 224.General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution

        3. 225.Restriction on consecutive sentences for released prisoners

        4. 226.Custodial sentence: restrictions in certain cases where offender not legally represented

        5. 227.Restriction on imposing imprisonment on persons under 21

        6. 228.Other restrictions on custodial sentence

      3. Power for magistrates' court to imprison for less than specified term

        1. 229.Power of magistrates’ court to imprison for less than specified term

      4. Exercise of powers to impose discretionary custodial sentences

        1. 230.Threshold for imposing discretionary custodial sentence

        2. 231.Length of discretionary custodial sentences: general provision

        3. 232.Additional requirements in case of offender suffering from mental disorder

    2. Chapter 2

      Offenders aged under 18

      1. Detention and training orders

        1. 233.Detention and training order

        2. 234.Detention and training order: availability

        3. 235.Exercise of power to make a detention and training order

        4. 236.Term of detention and training order

        5. 237.Making of order where offender subject to other order or sentence of detention

        6. 238.Offender subject to more than one order: maximum overall term

        7. 239.Period on remand etc: effect on term of detention and training order

        8. 240.Period of custody awaiting extradition: effect on term of detention and training order

        9. 241.The period of detention and training

        10. 242.The period of supervision

        11. 243.Breach of supervision requirement and further offences during order

        12. 244.Offender subject concurrently to detention and training order and sentence of detention in a young offender institution

        13. 245.Offender subject concurrently to detention and training order and other sentence of detention

        14. 246.Effect of detention and training order made where offender has reached 18

        15. 247.Further supervision after end of term of detention and training order

        16. 248.Detention and training orders: interpretation

      2. Detention for specified period

        1. 249.Sentence of detention under section : availability

        2. 250.Sentence of detention: offender convicted of certain serious offences

        3. 251.Exercise of power to impose sentence of detention under section

        4. 252.Maximum sentence

        5. 253.Sentence of detention passed on offender subject to detention and training order

      3. Extended sentences

        1. 254.Extended sentence for certain violent, sexual or terrorism offences

        2. 255.Extended sentence of detention: availability

        3. 256.Term of extended sentence of detention under section

        4. 257.Extended sentence under section where offender subject to detention and training order

      4. Detention for life etc

        1. 258.Required sentence of detention for life for offence carrying life sentence

        2. 259.Offenders who commit murder etc when under 18: duty to detain at Her Majesty’s pleasure

      5. Detention under this Chapter

        1. 260.Detention under section or

        2. 261.Detention in pursuance of extended sentence

    3. Chapter 3

      Adults aged under 21

      1. Detention in a young offender institution

        1. 262.Detention in a young offender institution for offender at least 18 but under 21

        2. 263.Term of detention in a young offender institution

      2. Suspended sentence of detention in a young offender institution

        1. 264.Suspended sentence order for offender under 21: availability

      3. Special custodial sentence for certain offenders of particular concern

        1. 265.Required special sentence for certain offenders of particular concern

      4. Extended sentence of detention in a young offender institution

        1. 266.Extended sentence of detention in a young offender institution for certain violent, sexual or terrorism offences

        2. 267.Extended sentence of detention in a young offender institution: availability

        3. 268.Term of extended sentence of detention in a young offender institution

      5. Detention in a young offender institution: consecutive sentences etc

        1. 269.Detention in a young offender institution: consecutive sentences

        2. 270.Sentence of detention in a young offender institution where offender subject to detention and training order

      6. Detention in a young offender institution: further provision

        1. 271.Detention in a young offender institution: place of detention

      7. Custody for life

        1. 272.Offences other than murder

        2. 273.Custody for life for second listed offence

        3. 274.Required sentence of custody for life for offence carrying life sentence

        4. 275.Duty to impose custody for life for offence of murder

        5. 276.Custody for life: place of detention

    4. Chapter 4

      Adults aged 21 and over

      1. Suspended sentences of imprisonment

        1. 277.Suspended sentence order for person aged 21 or over: availability

      2. Special custodial sentence for certain offenders of particular concern

        1. 278.Required special custodial sentence for certain offenders of particular concern

      3. Extended sentences

        1. 279.Extended sentence of imprisonment for certain violent, sexual or terrorism offences: persons 21 or over

        2. 280.Extended sentence of imprisonment: availability

        3. 281.Term of extended sentence of imprisonment

        4. 282.Extended sentences for offences committed before 4 April 2005

      4. Life sentences

        1. 283.Life sentence for second listed offence

        2. 284.Required life sentence where second offence committed before 4 April 2005

        3. 285.Required life sentence for offence carrying life sentence

    5. Chapter 5

      Suspended sentences

      1. What a suspended sentence order is

        1. 286.Suspended sentence order

        2. 287.Suspended sentence order: community requirements table

        3. 288.Operational period and supervision period

        4. 289.Suspended sentence to be treated generally as sentence of imprisonment etc

      2. Available community requirements

        1. 290.Suspended sentence order: available community requirements

        2. 291.Suspended sentence order: availability of particular requirements

      3. Exercise of power to impose community requirements

        1. 292.Suspended sentence order: exercise of power to impose requirements

      4. Provision for review of suspended sentence order with community requirements

        1. 293.Power to provide for review of suspended sentence order

        2. 294.Review hearings: power to amend community requirements etc

        3. 295.Suspended sentence order: alteration of periodic review arrangements

      5. Making a suspended sentence order with community requirements

        1. 296.Order to specify offender’s home local justice area

        2. 297.Power to direct magistrates’ court supervision of order

        3. 298.Provision of copies of order and related documents

      6. Suspended sentence order with community requirement: obligations of responsible officer and offender

        1. 299.Responsible officer

        2. 300.Obligations of responsible officer

        3. 301.Duty of offender to keep in touch with responsible officer

        4. 302.Duty to obtain permission before changing residence

      7. Activation of sentence and amendment of order etc

        1. 303.Breach or amendment of suspended sentence order, and effect of further conviction

      8. Transferring order with community requirements to Scotland or Northern Ireland

        1. 304.Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements

      9. Interpretation

        1. 305.Suspended sentences: interpretation

    6. Chapter 6

      Dangerous offenders

      1. Interpretation

        1. 306.Extended sentences: meaning of “specified offence” etc

        2. 307.Life sentences: meaning of “Schedule offence”

      2. The assessment of dangerousness

        1. 308.The assessment of dangerousness

      3. Supplementary

        1. 309.Appeals where previous convictions set aside or previous sentences modified

        2. 310.Certificates of conviction

    7. Chapter 7

      Minimum sentences for particular offences

      1. Minimum sentence for single offence

        1. 311.Minimum sentence for certain offences involving firearms that are prohibited weapons

        2. 312.Minimum sentence for offences of threatening with weapon or bladed article

      2. Minimum sentences for repeat offences

        1. 313.Minimum sentence of 7 years for third class A drug trafficking offence

        2. 314.Minimum sentence of 3 years for third domestic burglary

        3. 315.Minimum sentence for repeat offence involving weapon or bladed article

        4. 316.Appeals where previous convictions set aside

        5. 317.Certificates of conviction for purposes of sections and

        6. 318.Offences under service law

      3. Minimum sentences: supplementary

        1. 319.Mandatory sentence requirement not to affect power to impose fine

        2. 320.Determination of day when offence committed

    8. Chapter 8

      Effect of life sentences

      1. 321.Life sentence: minimum term order or whole life order

      2. 322.Mandatory life sentences: further provision

      3. 323.Minimum term order: other life sentences

      4. 324.Life sentences: interpretation

    9. Chapter 9

      Sentence administration

      1. Declaration about time to count as served

        1. 325.Time on bail under certain conditions: declaration by court

        2. 326.Section : interpretation

        3. 327.Period in custody awaiting extradition: declaration by court

      2. Recommendations

        1. 328.Power of court to recommend licence conditions for adults sentenced to term of 12 months or more

      3. Conversion of sentence of detention or custody to sentence of imprisonment

        1. 329.Conversion of sentence of detention to sentence of imprisonment

  14. Fourth Group of Parts

    Further powers relating to sentencing

  15. Part 11

    Behaviour orders

    1. Chapter 1

      Criminal behaviour orders

      1. 330.Criminal behaviour order

      2. 331.Power to make criminal behaviour order

      3. 332.Proceedings on an application for an order

      4. 333.Requirements included in orders

      5. 334.Duration of order etc

      6. 335.Interim order

      7. 336.Variation or discharge of order

      8. 337.Review of orders: offenders aged under 18

      9. 338.Carrying out and participating in reviews

      10. 339.Breach of order

      11. 340.Special measures for witnesses

      12. 341.Guidance

      13. 342.Offender aged under 18: parenting order where criminal behaviour order made

    2. Chapter 2

      Sexual harm prevention orders

      1. 343.Sexual harm prevention order

      2. 344.Meaning of “sexual harm”

      3. 345.Sexual harm prevention order: availability on conviction

      4. 346.Exercise of power to make sexual harm prevention order

      5. 347.Sexual harm prevention orders: matters to be specified

      6. 348.Sexual harm prevention orders: prohibitions on foreign travel

      7. 349.Making of sexual harm prevention order: effect on other orders

      8. 350.Sexual harm prevention orders: variations, renewals and discharges

      9. 351.Variation of sexual harm prevention order by court in Northern Ireland

      10. 352.Sexual harm prevention orders: notification requirements

      11. 353.Sexual harm prevention orders: appeals

      12. 354.Offence: breach of sexual harm prevention order

      13. 355.Parenting order where sexual harm prevention order made in case of offender aged under 18

      14. 356.Sexual harm prevention orders: supplementary

      15. 357.Disapplication of time limit for complaints

      16. 358.Sexual harm prevention orders: interpretation

    3. Chapter 3

      Protection from harassment

      1. 359.Restraining order

      2. 360.Restraining order: availability

      3. 361.Procedure for varying or discharging restraining order

      4. 362.Evidence in proceedings relating to restraining orders

      5. 363.Offence of breaching restraining order

      6. 364.Restraining orders: meaning of “conduct” and “harassment”

    4. Chapter 4

      Parenting orders

      1. What a parenting order is

        1. 365.Parenting order

      2. Parenting order for parent or guardian of offender aged under 18

        1. 366.Parenting order where offender is under 18

        2. 367.Report where court proposes both parenting order and referral order

        3. 368.Parenting order where parent or guardian of offender fails to attend meetings of youth offender panel

      3. Parenting order in case of certain offences related to school attendance

        1. 369.Parenting order in respect of certain offences under Education Act 1996

      4. Provisions applying generally to parenting orders under Code

        1. 370.Parenting order: availability

        2. 371.Parenting order: references where local authority has parental responsibility

        3. 372.Making a parenting order

        4. 373.Directions by the responsible officer

        5. 374.Discharge and variation of parenting order

        6. 375.Offence of failure to comply with a requirement of a parenting order

    5. Chapter 5

      Binding over

      1. 376.Binding over of parent or guardian

      2. 377.Binding over of parent or guardian: appeals, variations and revocations

      3. 378.Other powers of the court to bind over to keep the peace

    6. Chapter 6

      Other orders

      1. 379.Other behaviour orders etc

  16. Fifth Group of Parts

    Sentencing: miscellaneous provision and interpretation

  17. Part 12

    Miscellaneous provision about sentencing

    1. Chapter 1

      Costs, fines and other financial orders where offender aged under 18

      1. Offender aged under 18: order for payment by parent or guardian

        1. 380.Order for parent or guardian to pay fine, costs, compensation or surcharge

        2. 381.Costs awarded against offender under 18: payment by parent or guardian

        3. 382.Power to determine financial circumstances of offender’s parent or guardian

      2. Orders other than fines: powers of Crown Court to order time for payment etc

        1. 383.Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation

    2. Chapter 2

      Commencement and alteration of sentence

      1. 384.Commencement of sentence

    3. 385.Alteration of Crown Court sentence

    4. Chapter 3

      Deportation

      1. 386.Deportation recommendations

    5. Chapter 4

      Assistance for prosecution etc: review of sentence

      1. Reference back to court for review of sentence

        1. 387.Failure by offender to provide agreed assistance: review of sentence

        2. 388.Review of sentence following subsequent agreement for assistance by offender

      2. References under this Chapter: further provision

        1. 389.References under sections and : appeals

        2. 390.Proceedings under section or : exclusion of public

        3. 391.Proceedings under section or : use of live link

        4. 392.Interpretation of Chapter

    6. Chapter 5

      Recognizances

      1. 393.Power of magistrates’ court to dispense with recognizance

    7. Chapter 6

      Orders imposing community requirements

      1. 394.Rules relating to community orders and suspended sentence orders etc

      2. 395.Data from electronic monitoring: code of practice

    8. Chapter 7

      Warrants

      1. 396.Execution of process between England and Wales and Scotland

  18. Part 13

    Interpretation

    1. 397.Interpretation: general

    2. 398.Ancillary and inchoate offences

    3. 399.Mandatory sentences

    4. 400.Meaning of “associated offence”

    5. 401.Meaning of “sentence”

    6. 402.Powers to re-sentence

    7. 403.References to “local authority”

    8. 404.References to parent or guardian of offender where local authority has parental responsibility

    9. 405.Age of the offender

    10. 406.Offender reaching 18 during proceedings

  19. Sixth Group of Parts

    Supplementary

  20. Part 14

    Supplementary provision

    1. 407.Regulations and rules

    2. 408.Amendments of the Sentencing Code etc

    3. 409.Powers to amend the Sentencing Code

    4. 410.Consequential amendments

    5. 411.Armed forces

    6. 412.Transitional provisions and savings

    7. 413.Repeals and revocations

    8. 414.Extent

    9. 415.Channel Islands, Isle of Man and British overseas territories

    10. 416.Commencement

    11. 417.Commencement of Schedule

    12. 418.Commencement of Schedule 26

    13. 419.Power to state effect of commencement provisions

    14. 420.Short title

    1. Schedule 1

      Offences where terrorist connection to be considered

    2. Schedule 2

      Order for conditional discharge: commission of further offence

    3. Schedule 3

      Youth offender contract: programme of behaviour

    4. Schedule 4

      Referral order: further court proceedings

      1. Part 1

        Referral back to court for further proceedings

      2. Part 2

        Further convictions during referral

    5. Schedule 5

      Breach, revocation and amendment of reparation order

      1. Part 1

        Breach of reparation order

      2. Part 2

        Revocation and amendment of reparation order

      3. Part 3

        Supplementary

    6. Schedule 6

      Youth rehabilitation orders: requirements

      1. Part 1

        Activity requirement

      2. Part 2

        Supervision requirement

      3. Part 3

        Unpaid work requirement

      4. Part 4

        Programme requirement

      5. Part 5

        Attendance centre requirement

      6. Part 6

        Prohibited activity requirement

      7. Part 7

        Curfew requirement

      8. Part 8

        Exclusion requirement

      9. Part 9

        Residence requirement

      10. Part 10

        Local authority residence requirement

      11. Part 11

        Fostering requirement

      12. Part 12

        Mental health treatment requirement

      13. Part 13

        Drug treatment requirement

      14. Part 14

        Drug testing requirement

      15. Part 15

        Intoxicating substance treatment requirement

      16. Part 16

        Education requirement

      17. Part 17

        Electronic monitoring requirement

    7. Schedule 7

      Breach, revocation or amendment of youth rehabilitation order

      1. Part 1

        Preliminary

      2. Part 2

        Breach of requirement of order

      3. Part 3

        Revocation of order with or without re-sentencing

      4. Part 4

        Amendment of order

      5. Part 5

        Conviction of further offence

      6. Part 6

        Supplementary

    8. Schedule 8

      Transfer of youth rehabilitation orders to Northern Ireland

      1. Part 1

        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

      2. Part 2

        Requirements etc: availability and modifications of Schedule 6

      3. Part 3

        Making or amendment of order in accordance with Part 1 of this Schedule

      4. Part 4

        Effect of order made or amended in accordance with Part 1 of this Schedule

      5. Part 5

        Interpretation

    9. Schedule 9

      Community orders and suspended sentence orders: requirements

      1. Part 1

        Unpaid work requirement

      2. Part 2

        Rehabilitation activity requirement

      3. Part 3

        Programme requirement

      4. Part 4

        Prohibited activity requirement

      5. Part 5

        Curfew requirement

      6. Part 6

        Exclusion requirement

      7. Part 7

        Residence requirement

      8. Part 8

        Foreign travel prohibition requirement

      9. Part 9

        Mental health treatment requirement

      10. Part 10

        Drug rehabilitation requirement

      11. Part 11

        Alcohol treatment requirement

      12. Part 12

        Alcohol abstinence and monitoring requirement

      13. Part 13

        Attendance centre requirement

      14. Part 14

        Electronic monitoring

    10. Schedule 10

      Breach, revocation or amendment of community order

      1. Part 1

        Preliminary

      2. Part 2

        Breach of requirement of order

      3. Part 3

        Revocation of order with or without re-sentencing

      4. Part 4

        Amendment of order

      5. Part 5

        Conviction of further offence

      6. Part 6

        Supplementary

    11. Schedule 11

      Transfer of community orders to Scotland or Northern Ireland

      1. Part 1

        Scotland

      2. Part 2

        Northern Ireland

      3. Part 3

        Making or amendment of order in accordance with Part 1 or 2 of this Schedule

      4. Part 4

        Effect of order made or amended in accordance with Part 1 or 2 of this Schedule

      5. Part 5

        Interpretation

    12. Schedule 12

      Detention and training order: breach of supervision requirements and further offences

    13. Schedule 13

      Special sentence for offenders of particular concern: offences

    14. Schedule 14

      Extended sentences: the earlier offence condition: offences

      1. Part 1

        Offences under the law of England and Wales

      2. Part 2

        Offences under service law

      3. Part 3

        Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom

      4. Part 4

        Interpretation

    15. Schedule 15

      Life sentence for second offence: listed offences

      1. Part 1

        Offences under the law of England and Wales

      2. Part 2

        Further offences under the law of England and Wales

      3. Part 3

        Offences under service law

      4. Part 4

        Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom

      5. Part 5

        Interpretation

    16. Schedule 16

      Breach or amendment of suspended sentence order, and effect of further conviction

      1. Part 1

        Preliminary

      2. Part 2

        Breach of community requirement or conviction of further offence

      3. Part 3

        Amendment of order

      4. Part 4

        Supplementary

    17. Schedule 17

      Transfer of suspended sentence orders to Scotland or Northern Ireland

      1. Part 1

        Scotland

      2. Part 2

        Northern Ireland

      3. Part 3

        Making of orders

      4. Part 4

        Provisions where SSSO or NISSO is in force

      5. Part 5

        Breach of community requirement

      6. Part 6

        Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland

      7. Part 7

        Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule

      8. Part 8

        Amendment of order: return to England and Wales

      9. Part 9

        Supplementary

      10. Part 10

        Interpretation

    18. Schedule 18

      Specified offences for purposes of section 306

      1. Part 1

        Specified violent offences

      2. Part 2

        Specified sexual offences

      3. Part 3

        Specified terrorism offences

    19. Schedule 19

      Schedule 19 offences

    20. Schedule 20

      Detention under section 250 and minimum sentences: firearms offences

      1. Part 1

        Offences

      2. Part 2

        Interpretation of Schedule

    21. Schedule 21

      Determination of minimum term in relation to mandatory life sentence for murder etc

    22. Schedule 22

      Amendments of the Sentencing Code and related amendments of other legislation

      1. Part 1

        General provisions

      2. Part 2

        Referral orders

      3. Part 3

        Fines etc: abolition of detention in default of payment

      4. Part 4

        Community sentences

      5. Part 5

        Custodial sentences

      6. Part 6

        EU Exit

      7. Part 7

        Miscellaneous

      8. Part 8

        Amendments of other Acts consequential on prospective change to age limit for imposing imprisonment

    23. Schedule 23

      Powers to amend the Sentencing Code

      1. Part 1

        General provisions

      2. Part 2

        Orders for conditional discharge

      3. Part 3

        Referral orders

      4. Part 4

        Fines and compensation orders

      5. Part 5

        Youth rehabilitation orders

      6. Part 6

        Community requirements

      7. Part 7

        Community orders

      8. Part 8

        Custodial sentences

    24. Schedule 24

      Consequential amendments

      1. Part 1

        Acts of Parliament

      2. Part 2

        Acts of Senedd Cymru

      3. Part 3

        Acts of the Scottish Parliament

      4. Part 4

        Northern Ireland legislation

      5. Part 5

        Secondary legislation

      6. Part 6

        Amendment of provisions referring to section 154 of Criminal Justice Act 2003

      7. Part 7

        Commencement

    25. Schedule 25

      Amendments to the Armed Forces Act 2006

      1. Part 1

        Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.

      2. Part 2

        Amendments to Chapter 2 of Part 8: consecutive sentences

      3. Part 3

        Amendments to Chapter 4 of Part 8: suspended sentence orders

      4. Part 4

        Amendments to Chapter 5 of Part 8: custodial sentences for young offenders

      5. Part 5

        Amendments to Chapter 6 of Part 8: sentences for certain offences

      6. Part 6

        Amendments to Part 9: sentencing: principles and procedures

      7. Part 7

        Miscellaneous further amendments

    26. Schedule 26

      Further amendments of the Armed Forces Act 2006

    27. Schedule 27

      Transitional provisions and savings

      1. Part 1

        Continuity of the law

      2. Part 2

        Referral orders

      3. Part 3

        Youth rehabilitation orders

      4. Part 4

        Custodial sentences

      5. Part 5

        Miscellaneous

    28. Schedule 28

      Repeals and revocations

    29. Schedule 29

      Repeals and revocations for England and Wales