Powers of Criminal Courts (Sentencing) Act 2000

Presence of offender in court, remands etc. E+W

6 (1) Where the responsible officer makes an application under paragraph 2(1) or 5(1) above to [F1 a court] he may bring the offender before the court; and, subject to sub-paragraph (9) below, a court shall not make an order under paragraph 2 or 5(1) above unless the offender is present before the court. E+W

(2) Without prejudice to any power to issue a summons or warrant apart from this sub-paragraph, the court to which an application under paragraph 2(1) or 5(1) above is made may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

(3) Subsections (3) and (4) of section 55 of the M1 Magistrates’ Courts Act 1980 (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under sub-paragraph (2) above as they apply to a warrant under that section, but as if in subsection (3) after the word “summons” there were inserted the words “ cannot be served or ”.

(4) Where the offender is arrested in pursuance of a warrant issued by virtue of sub-paragraph (2) above and cannot be brought immediately before [F2 the court before which the warrant directs the offender to be brought (“the relevant court”)], the person in whose custody he is—

(a) may make arrangements for his detention in a place of safety for a period of not more than 72 hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b) shall within that period bring him before a youth court;

and in paragraph (a) above “place of safety” has the same meaning as in the M2 Children and Young Persons Act 1933.

(5) Where an offender is under sub-paragraph (4)(b) above brought before a youth court other than [F3 the relevant court], the youth court may—

(a) direct that he be released forthwith; or

(b) subject to sub-paragraph (7) below, remand him to local authority accommodation.

(6) Subject to sub-paragraph (7) below, where an application is made to a court under paragraph 5(1) above, the court may remand (or further remand) the offender to local authority accommodation if—

(a) a warrant has been issued under sub-paragraph (2) above for the purpose of securing the attendance of the offender before the court; or

(b) the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under paragraph 5(1) above.

(7) Where the offender is aged 18 or over at the time when he is brought before a youth court other than [F4 the relevant court ] under sub-paragraph (4)(b) above, or is aged 18 or over at a time when (apart from this sub-paragraph) [F4 the relevant court] could exercise its powers under sub-paragraph (6) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—

(a) to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or

(b) to a prison, if it has not been so notified.

(8) A court remanding an offender to local authority accommodation under this paragraph shall designate, as the authority who are to receive him, the local authority for the area in which the offender resides or, where it appears to the court that he does not reside in the area of a local authority, the local authority—

(a) specified by the court; and

(b) in whose area the offence or an offence associated with it was committed.

(9) A court may make an order under paragraph 5(1) above in the absence of the offender if the effect of the order is confined to one or more of the following, that is to say—

(a) revoking the F5 ... reparation order;

(b) cancelling a requirement included in the F6 ... reparation order;

(c) altering in the F7 ... reparation order the name of any area;

(d) changing the responsible officer.

Textual Amendments

F1 Words in Sch. 8 para. 6(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 108(5)(a) (with Sch. 27 paras. 125); S.I. 2009/3074, art. 2(p)(xv)

F2 Words in Sch. 8 para. 6(4) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 108(5)(b) (with Sch. 27 paras. 125); S.I. 2009/3074, art. 2(p)(xv)

F3 Words in Sch. 8 para. 6(5) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 108(5)(c) (with Sch. 27 paras. 125); S.I. 2009/3074, art. 2(p)(xv)

F4 Words in Sch. 8 para. 6(7) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 108(5)(d) (with Sch. 27 paras. 125); S.I. 2009/3074, art. 2(p)(xv)

F5 Words in Sch. 8 para. 6(9)(a) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 62(8) (with Sch. 27 paras. 125); S.I. 2009/3074, art. 2(p)(u)(xxvi)(xiii)

F6 Words in Sch. 8 para. 6(9)(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 62(8) (with Sch. 27 paras. 125); S.I. 2009/3074, art. 2(p)(u)(xxvi)(xiii)

F7 Words in Sch. 8 para. 6(9)(c) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 62(8) (with Sch. 27 paras. 125); S.I. 2009/3074, art. 2(p)(u)(xxvi)(xiii)

Marginal Citations

M1 1980 c. 43.

M2 1933 c. 12.