Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Part VIII U.K. Miscellaneous and supplementary

Interpretation E+W

163 General definitions. E+W

In this Act, except where the contrary intention appears—

• “action plan order” means an order under section 69(1) above;

• “the appropriate officer of the court” means, in relation to a magistrates’ court, the clerk of the court;

• “associated”, in relation to offences, shall be construed in accordance with section 161(1) above;

• “attendance centre” has the meaning given by section 62(2) above;

• “attendance centre order” means an order under section 60(1) above (and, except where the contrary intention is shown by paragraph 8 of Schedule 3 or paragraph 4 of Schedule 7 or 8 to this Act, includes orders made under section 60(1) by virtue of paragraph 4(1)(c) or 5(1)(c) of Schedule 3 or paragraph 2(2)(a) of Schedule 7 or 8);

• “child” means a person under the age of 14;

• F1 . . .

• “community order” has the meaning given by section 33(1) above;

• [F2 “community [F3 punishment] order” [F4 has the meaning given by section 44 of the Criminal Justice and Court Services Act 2000] (and, except where the contrary intention is shown by section 59 above or paragraph 7 of Schedule 3 to this Act or section 35 of the M1 Crime (Sentences) Act 1997, includes orders made under section 46(1) by virtue of section 59 or paragraph 4(1)(b) or 5(1)(b) of Schedule 3 or the said section 35)]

• [F5 “community punishment and rehabilitation order” has the meaning given by section 45 of the Criminal Justice and Court Services Act 2000]

• [F6 “community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000]

• [F7 “ community rehabilitation period ” means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order]

• “community sentence” has the meaning given by section 33(2) above;

• “compensation order” has the meaning given by section 130(1) above;

• “court” does not include a court-martial;

• “curfew order” means an order under section 37(1) above (and, except where the contrary intention is shown by section 59 above or paragraph 3 of Schedule 7 or 8 to this Act or section 35 of the M2 Crime (Sentences) Act 1997, includes orders made under section 37(1) by virtue of section 59or paragraph 2(2)(a) of Schedule 7 or 8 or the said section 35);

• “custodial sentence” has the meaning given by section 76 above;

• “detention and training order” has the meaning given by section 100(3) above;

• [F7 “ drug abstinence order ” means an order under section 58A(1) above]

• “drug treatment and testing order” means an order under section 52(1) above;

• [F7 “ exclusion order ” means an order under section 40A(1) above]

• “falling to be imposed under section 109(2), 110(2) or 111(2)” shall be construed in accordance with section 164(3) below;

• “guardian” has the same meaning as in the M3 Children and Young Persons Act 1933;

• “local authority accommodation” means accommodation provided by or on behalf of a local authority, and “accommodation provided by or on behalf of a local authority” here has the same meaning as it has in the M4 Children Act 1989 by virtue of section 105 of that Act;

• “ [F7 local probation board ” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000]

• “offence punishable with imprisonment” shall be construed in accordance with section 164(2) below;

• “operational period”, in relation to a suspended sentence, has the meaning given by section 118(3) above;

• “order for conditional discharge” has the meaning given by section 12(3) above;

• “period of conditional discharge” has the meaning given by section 12(3) above;

• “pre-sentence report” has the meaning given by section 162 above;

• F1 . . .

• F1 . . .

• “protecting the public from serious harm” shall be construed in accordance with section 161(4) above;

• “referral order” means an order under section 16(2) or (3) above;

• “the register” means the register of proceedings before a magistrates’ court required by [F8 Criminal Procedure Rules] to be kept by the [F9 justices’ chief executive for] the court;

• “reparation order” means an order under section 73(1) above;

• “responsible officer”—

  (a)

  in relation to a curfew order, has the meaning given by section 37(12) above;

  (aa)

  [F10 in relation to an exclusion order, has the meaning given by section 40A(14) above]

  (b)

  in relation to a [F11 community rehabilitation order], has the meaning given by section 41(6) above;

  (c)

  in relation to a [F12 community punishment order], has the meaning given by section 46(13) above;

  (d)

  in relation to a [F13 community punishment and rehabilitation order], has (by virtue of section 51(4) above) the meaning given by section 41(6) or 46(13) above;

  (e)

  in relation to a drug treatment and testing order, has the meaning given by section 54(3) above;

  (ee)

  [F14 in relation to a drug abstinence order, has the meaning given by section 58A(5) above]

  (f)

  in relation to an action plan order, has the meaning given by section 69(4) above; and

  (g)

  in relation to a reparation order, has the meaning given by section 74(5) above;

  except that in section 47 above references to “the responsible officer” shall be construed in accordance with that section;

• “review hearing”, in relation to a drug treatment and testing order, has the meaning given by section 54(6) above;

• “sentence of imprisonment” does not include a committal—

  (a)

  in default of payment of any sum of money;

  (b)

  for want of sufficient distress to satisfy any sum of money; or

  (c)

  for failure to do or abstain from doing anything required to be done or left undone;

  and references to sentencing an offender to imprisonment shall be construed accordingly;

• “sexual offence” has the meaning given by section 161(2) above;

• [F15 “specified Class A drug” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000]

• “supervision order” means an order under section 63(1) above;

• “supervisor”, in relation to a supervision order, has the meaning given by section 63(3) above;

• “suspended sentence” has the meaning given by section 118(3) above;

• “suspended sentence supervision order” has the meaning given by section 122(1) above;

• “the testing requirement”, in relation to a drug treatment and testing order, has the meaning given by section 53(4) above;

• “the treatment provider”, in relation to such an order, has the meaning given by section 53(1) above;

• “the treatment requirement”, in relation to such an order, has the meaning given by section 53(1) above;

• “the treatment and testing period”, in relation to such an order, has the meaning given by section 52(1) above;

• [F16 “trigger offence” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000]

• “violent offence” has the meaning given by section 161(3) above;

• “young person” means a person aged at least 14 but under 18;

• “youth offending team” means a team established under section 39 of the M5 Crime and Disorder Act 1998.

Textual Amendments

F1 Definitions of “combination order”, “probation order” and “probation period” in s. 163 repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 197(b), Sch. 8; S.I. 2001/919, art. 2(f)(iii)(g)

F2 Definition of “community punishment order” in s. 163 moved (1.4.2001) by 2000 c. 43, s. 44(5); S.I. 2001/919, art. 2(b)

F3 Definition of “community punishment order” in s. 163 substituted (1.4.2001) for definition of “community service order” by 2000 c. 43, s. 44(5)(a); S.I. 2001/919, art. 2(b)

F4 Words in the definition of “community punishment order” in s. 163 substituted (1.4.2001) by 2000 c. 43, s. 44(5)(b); S.I. 2001/919, art. 2(b)

F5 Definition of “community punishment and rehabilitation order” in s. 163 inserted (1.4.2001) by 2000 c. 43, s. 45(5)

F6 Definition of “community rehabilitation order” in s. 163 inserted (1.4.2001) by 2000 c. 43, s. 43(5); S.I. 2001/919, art. 2(b)

F7 Words in s. 163 inserted (1.4.2001, 20.6.2001, 2.7.2001 and 2.9.2004 for specified purposes) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 197(f); S.I. 2001/919, art. 2(f)(iii); S.I. 2001/2232, art. 2(m)(vii); S.I. 2004/2171, art. 2

F8 Words in s. 163 substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 2(1), Sch. para. 44 (with art. 2(2))

F9 S. 163: words in the definition of “the register” substituted (1.4.2001) by S.I. 2001/618, art. 5(5)

F10 Words in s. 163 inserted (2.9.2004) by Criminal Justice and Courts Services Act 2000 (c. 43), s. 80(1), Sch. 7 para. 197(g)(i); S.I. 2004/2171, art. 2

F11 Words in para. (b) of the definition of “responsible officer” in s. 163 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F12 Words in para. (c) in the definition of “responsible officer” in s. 163 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F13 Words in para. (d) of the definition of “responsible officer” in s. 163 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 3(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F14 Para. (ee) in the definition of “responsible officer” in s. 163 inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 197(g)(ii); S.I. 2001/2232, art. 2(m)(vii)

F15 Definition of “specified Class A drug” in s. 163 inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 70(4); S.I. 2001/2232, art. 2(j)

F16 Definition of “trigger offence” in s. 163 inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 70(4); S.I. 2001/2232, art. 2(j)

Marginal Citations

M1 1997 c. 43.

M2 1997 c. 43.

M3 1933 c. 12.

M4 1989 c. 41.

M5 1998 c. 37.