ARRANGEMENT OF CLAUSES
|POWERS EXERCISABLE BEFORE SENTENCE|
|Deferment of sentence|
|1.||Deferment of sentence.|
|2.||Further powers of courts where sentence deferred under section 1.
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.
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.
Remand by magistrates' court for medical examination
|11.||Remand by magistrates' court for medical examination.
|ABSOLUTE AND CONDITIONAL DISCHARGE|
|12.||Absolute and conditional discharge.|
|13.||Commission of further offence by person conditionally discharged.|
|14.||Effect of discharge.|
|MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS|
|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.
Youth offender panels
|21.||Establishment of panels.|
|22.||Attendance at panel meetings.
Youth offender contracts
|23.||First meeting: agreement of contract with offender.|
|24.||First meeting: duration of contract.|
|25.||First meeting: failure to agree contract.|
Further court proceedings
|28.||Offender referred back to court or convicted while subject to referral order.
|29.||Functions of youth offending teams.|
|30.||Regulations under Part III.|
|31.||Rules of court.|
|32.||Definitions for purposes of Part III.
|COMMUNITY ORDERS AND REPARATION ORDERS|
|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.
|COMMUNITY ORDERS AVAILABLE FOR OFFENDERS OF ANY AGE|
|38.||Electronic monitoring of curfew orders.|
|39.||Breach, revocation and amendment of curfew orders.|
|40.||Curfew orders: supplementary.
|COMMUNITY ORDERS AVAILABLE ONLY WHERE OFFENDER AGED 16 OR OVER|
|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.
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.
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.|
|56.||Breach, revocation and amendment of drug treatment and testing orders.|
|57.||Copies of orders.|
|58.||Drug treatment and testing orders: supplementary.
Orders for persistent petty offenders
|59.||Curfew orders and community service orders for persistent petty offenders.
|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.
|COMMUNITY ORDERS AVAILABLE ONLY WHERE OFFENDER AGED UNDER 18|
|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.
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.
|REPARATION ORDERS FOR YOUNG OFFENDERS|
|74.||Requirements and provisions of reparation order, and obligations of person subject to it.|
|75.||Breach, revocation and amendment of reparation orders.
|CUSTODIAL SENTENCES ETC.|
|Meaning of "custodial sentence"|
|76.||Meaning of "custodial sentence".
Liability to imprisonment on conviction on indictment
|77.||Liability to imprisonment on conviction on indictment.
General limit on magistrates' courts' powers
|78.||General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution.
General restrictions on discretionary custodial sentences
|79.||General restrictions on imposing discretionary custodial sentences.|
|80.||Length of discretionary custodial sentences: general provision.
Procedural requirements for imposing discretionary custodial sentences
|81.||Pre-sentence reports and other requirements.|
|82.||Additional requirements in case of mentally disordered offender.
|83.||Restriction on imposing custodial sentences on persons not legally represented.|
|84.||Restriction on consecutive sentences for released prisoners.
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.
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".
|DETENTION AND CUSTODY OF YOUNG OFFENDERS|
|Restriction on imposing imprisonment on persons under 21|
|89.||Restriction on imposing imprisonment on persons under 21.
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.
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.
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.
Conversion of sentence of detention or custody to sentence of imprisonment
|99.||Conversion of sentence of detention or custody to sentence of imprisonment.
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.
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.
|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.
|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.
|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.
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.
Suspended sentences: supplementary
|125.||Suspended sentences: supplementary.
|FINANCIAL PENALTIES AND ORDERS|
|Financial circumstances orders|
|126.||Powers to order statement as to offender's financial circumstances.
|127.||General power of Crown Court to fine offender convicted on indictment.|
|128.||Fixing of fines.|
|129.||Remission of fines.
|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.
|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.
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.
|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.
|146.||Driving disqualification for any offence.|
|147.||Driving disqualification where vehicle used for purposes of crime.
|149.||Restitution orders: supplementary.
|150.||Binding over of parent or guardian.
|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.
Commencement and alteration of Crown Court sentence
|154.||Commencement of Crown Court sentence.|
|155.||Alteration of Crown Court sentence.
Disclosure of pre-sentence reports etc.
|156.||Disclosure of pre-sentence reports.|
|157.||Other reports of probation officers and members of youth offending teams.
|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.
|161.||Meaning of "associated offence", "sexual offence", "violent offence" and "protecting the public from serious harm".|
|162.||Meaning of "pre-sentence report".|
|164.||Further interpretive provisions.
|165.||Consequential amendments, transitory modifications, transitional provisions and repeals.|