ARRANGEMENT OF CLAUSES
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PART I |
POWERS EXERCISABLE BEFORE SENTENCE |
Deferment of sentence |
Clause | |
1. | Deferment of sentence. |
2. | Further powers of courts where sentence deferred under section 1.
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Committal to Crown Court for sentence |
3. | Committal for sentence on summary trial of offence triable either way. |
4. | Committal for sentence on indication of guilty plea to offence triable either way. |
5. | Power of Crown Court on committal for sentence under sections 3 and 4. |
6. | Committal for sentence in certain cases where offender committed in respect of another offence. |
7. | Power of Crown Court on committal for sentence under section 6.
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Remission for sentence: young offenders etc. |
8. | Power and duty to remit young offenders to youth courts for sentence. |
9. | Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence. |
10. | Power of magistrates' court to remit case to another magistrates' court for sentence.
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Remand by magistrates' court for medical examination |
11. | Remand by magistrates' court for medical examination.
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PART II |
ABSOLUTE AND CONDITIONAL DISCHARGE |
12. | Absolute and conditional discharge. |
13. | Commission of further offence by person conditionally discharged. |
14. | Effect of discharge. |
15. | Discharge: supplementary.
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PART III |
MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS |
Referral orders |
16. | Duty and power to refer certain young offenders to youth offender panels. |
17. | The referral conditions. |
18. | Making of referral orders: general. |
19. | Making of referral orders: effect on court's other sentencing powers. |
20. | Making of referral orders: attendance of parents etc.
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Youth offender panels |
21. | Establishment of panels. |
22. | Attendance at panel meetings.
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Youth offender contracts |
23. | First meeting: agreement of contract with offender. |
24. | First meeting: duration of contract. |
25. | First meeting: failure to agree contract. |
26. | Progress meetings. |
27. | Final meeting.
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Further court proceedings |
28. | Offender referred back to court or convicted while subject to referral order.
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Supplementary |
29. | Functions of youth offending teams. |
30. | Regulations under Part III. |
31. | Rules of court. |
32. | Definitions for purposes of Part III.
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PART IV |
COMMUNITY ORDERS AND REPARATION ORDERS |
CHAPTER I |
COMMUNITY ORDERS: GENERAL PROVISIONS |
33. | Meaning of "community order" and "community sentence". |
34. | Community orders not available where sentence fixed by law etc. |
35. | Restrictions on imposing community sentences. |
36. | Procedural requirements for community sentences: pre-sentence reports etc.
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CHAPTER II |
COMMUNITY ORDERS AVAILABLE FOR OFFENDERS OF ANY AGE |
Curfew orders |
37. | Curfew orders. |
38. | Electronic monitoring of curfew orders. |
39. | Breach, revocation and amendment of curfew orders. |
40. | Curfew orders: supplementary.
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CHAPTER III |
COMMUNITY ORDERS AVAILABLE ONLY WHERE OFFENDER AGED 16 OR OVER |
Probation orders |
41. | Probation orders. |
42. | Additional requirements which may be included in probation orders. |
43. | Breach, revocation and amendment of probation orders. |
44. | Offenders residing in Scotland or Northern Ireland. |
45. | Probation orders: supplementary.
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Community service orders |
46. | Community service orders. |
47. | Obligations of person subject to community service order. |
48. | Breach, revocation and amendment of community service orders. |
49. | Offenders residing in Scotland or Northern Ireland. |
50. | Community service orders: supplementary.
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Combination orders |
51. | Combination orders.
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Drug treatment and testing orders |
52. | Drug treatment and testing orders. |
53. | The treatment and testing requirements. |
54. | Provisions of order as to supervision and periodic review. |
55. | Periodic reviews. |
56. | Breach, revocation and amendment of drug treatment and testing orders. |
57. | Copies of orders. |
58. | Drug treatment and testing orders: supplementary.
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Orders for persistent petty offenders |
59. | Curfew orders and community service orders for persistent petty offenders.
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CHAPTER IV |
ATTENDANCE CENTRE ORDERS: OFFENDERS UNDER 21 AND DEFAULTERS |
60. | Attendance centre orders. |
61. | Breach, revocation and amendment of attendance centre orders. |
62. | Provision, regulation and management of attendance centres.
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CHAPTER V |
COMMUNITY ORDERS AVAILABLE ONLY WHERE OFFENDER AGED UNDER 18 |
Supervision orders |
63. | Supervision orders. |
64. | Selection and duty of supervisor and certain expenditure of his. |
65. | Breach, revocation and amendment of supervision orders. |
66. | Facilities for implementing supervision orders. |
67. | Meaning of "local authority", "reside" and "parent". |
68. | Isles of Scilly.
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Action plan orders |
69. | Action plan orders. |
70. | Requirements which may be included in action plan orders and directions. |
71. | Action plan orders: power to fix further hearings. |
72. | Breach, revocation and amendment of action plan orders.
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CHAPTER VI |
REPARATION ORDERS FOR YOUNG OFFENDERS |
73. | Reparation orders. |
74. | Requirements and provisions of reparation order, and obligations of person subject to it. |
75. | Breach, revocation and amendment of reparation orders.
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PART V |
CUSTODIAL SENTENCES ETC. |
CHAPTER I |
GENERAL PROVISIONS |
Meaning of "custodial sentence" |
76. | Meaning of "custodial sentence".
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Liability to imprisonment on conviction on indictment |
77. | Liability to imprisonment on conviction on indictment.
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General limit on magistrates' courts' powers |
78. | General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution.
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General restrictions on discretionary custodial sentences |
79. | General restrictions on imposing discretionary custodial sentences. |
80. | Length of discretionary custodial sentences: general provision.
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Procedural requirements for imposing discretionary custodial sentences |
81. | Pre-sentence reports and other requirements. |
82. | Additional requirements in case of mentally disordered offender.
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Other restrictions |
83. | Restriction on imposing custodial sentences on persons not legally represented. |
84. | Restriction on consecutive sentences for released prisoners.
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Sexual and violent offences: licences etc. |
85. | Sexual or violent offences: extension of certain custodial sentences for licence purposes. |
86. | Sexual offences committed before 30th September 1998.
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Crediting of periods of remand in custody |
87. | Crediting of periods of remand in custody: terms of imprisonment and detention. |
88. | Meaning of "remand in custody".
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CHAPTER II |
DETENTION AND CUSTODY OF YOUNG OFFENDERS |
Restriction on imposing imprisonment on persons under 21 |
89. | Restriction on imposing imprisonment on persons under 21.
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Detention at Her Majesty's pleasure or for specified period |
90. | Offenders who commit murder when under 18: duty to detain at Her Majesty's pleasure. |
91. | Offenders under 18 convicted of certain serious offences: power to detain for specified period. |
92. | Detention under sections 90 and 91: place of detention etc.
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Custody for life |
93. | Duty to impose custody for life in certain cases where offender under 21. |
94. | Power to impose custody for life in certain other cases where offender at least 18 but under 21. |
95. | Custody for life: place of detention.
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Detention in a young offender institution |
96. | Detention in a young offender institution for other cases where offender at least 18 but under 21. |
97. | Term of detention in a young offender institution, and consecutive sentences. |
98. | Detention in a young offender institution: place of detention.
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Conversion of sentence of detention or custody to sentence of imprisonment |
99. | Conversion of sentence of detention or custody to sentence of imprisonment.
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Detention and training orders |
100. | Offenders under 18: detention and training orders. |
101. | Term of order, consecutive terms and taking account of remands. |
102. | The period of detention and training. |
103. | The period of supervision. |
104. | Breach of supervision requirements. |
105. | Offences during currency of order. |
106. | Interaction with sentences of detention in a young offender institution. |
107. | Meaning of "secure accommodation" and references to terms.
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Detention of persons aged at least 18 but under 21 for default or contempt |
108. | Detention of persons aged at least 18 but under 21 for default or contempt.
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CHAPTER III |
REQUIRED CUSTODIAL SENTENCES FOR CERTAIN OFFENCES |
109. | Life sentence for second serious offence. |
110. | Minimum of seven years for third class A drug trafficking offence. |
111. | Minimum of three years for third domestic burglary. |
112. | Appeals where previous convictions set aside. |
113. | Certificates of convictions for purposes of Chapter III. |
114. | Offences under service law. |
115. | Determination of day when offence committed.
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CHAPTER IV |
RETURN TO PRISON ETC. WHERE OFFENCE COMMITTED DURING ORIGINAL SENTENCE |
116. | Power to order return to prison etc. where offence committed during original sentence. |
117. | Treatment for purposes of section 116(1) of person serving two or more sentences or extended sentence.
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CHAPTER V |
SUSPENDED SENTENCES OF IMPRISONMENT |
Suspended sentences of imprisonment |
118. | Suspended sentences of imprisonment. |
119. | Power of court on conviction of further offence to deal with suspended sentence. |
120. | Court by which suspended sentence may be dealt with. |
121. | Procedure where court convicting of further offence does not deal with suspended sentence.
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Suspended sentence supervision orders |
122. | Suspended sentence supervision orders. |
123. | Breach of requirement of suspended sentence supervision order. |
124. | Suspended sentence supervision orders: revocation, amendment and cessation.
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Suspended sentences: supplementary |
125. | Suspended sentences: supplementary.
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PART VI |
FINANCIAL PENALTIES AND ORDERS |
Financial circumstances orders |
126. | Powers to order statement as to offender's financial circumstances.
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Fines: general |
127. | General power of Crown Court to fine offender convicted on indictment. |
128. | Fixing of fines. |
129. | Remission of fines.
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Compensation orders |
130. | Compensation orders against convicted persons. |
131. | Limit on amount payable under compensation order of magistrates' court. |
132. | Compensation orders: appeals etc. |
133. | Review of compensation orders. |
134. | Effect of compensation order on subsequent award of damages in civil proceedings.
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Young offenders |
135. | Limit on fines imposed by magistrates' courts in respect of young offenders. |
136. | Power to order statement as to financial circumstances of parent or guardian. |
137. | Power to order parent or guardian to pay fine, costs or compensation. |
138. | Fixing of fine or compensation to be paid by parent or guardian.
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Miscellaneous powers and duties of Crown Court in relation to fines etc. |
139. | Powers and duties of Crown Court in relation to fines and forfeited recognizances. |
140. | Enforcement of fines imposed and recognizances forfeited by Crown Court. |
141. | Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation. |
142. | Power of Crown Court to order search of persons before it.
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PART VII |
FURTHER POWERS OF COURTS |
Powers to deprive offender of property used etc. for purposes of crime |
143. | Powers to deprive offender of property used etc. for purposes of crime. |
144. | Property which is in possession of police by virtue of section 143. |
145. | Application of proceeds of forfeited property.
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Driving disqualifications |
146. | Driving disqualification for any offence. |
147. | Driving disqualification where vehicle used for purposes of crime.
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Restitution orders |
148. | Restitution orders. |
149. | Restitution orders: supplementary.
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Young offenders |
150. | Binding over of parent or guardian.
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PART VIII |
MISCELLANEOUS AND SUPPLEMENTARY |
Factors to be taken into account in sentencing |
151. | Effect of previous convictions and of offending while on bail. |
152. | Reduction in sentences for guilty pleas. |
153. | Increase in sentences for racial aggravation.
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Commencement and alteration of Crown Court sentence |
154. | Commencement of Crown Court sentence. |
155. | Alteration of Crown Court sentence.
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Disclosure of pre-sentence reports etc. |
156. | Disclosure of pre-sentence reports. |
157. | Other reports of probation officers and members of youth offending teams.
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Supplementary |
158. | Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders. |
159. | Execution of process between England and Wales and Scotland. |
160. | Rules and orders.
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Interpretation |
161. | Meaning of "associated offence", "sexual offence", "violent offence" and "protecting the public from serious harm". |
162. | Meaning of "pre-sentence report". |
163. | General definitions. |
164. | Further interpretive provisions.
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Final provisions |
165. | Consequential amendments, transitory modifications, transitional provisions and repeals. |
166. | Short title. |
167. | Extent. |
168. | Commencement. |
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