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Part 12U.K.Sentencing

Modifications etc. (not altering text)

C1Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

Chapter 1E+WGeneral provisions about sentencing

Modifications etc. (not altering text)

C3Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)

Matters to be taken into account in sentencingE+W

142Purposes of sentencingE+W

(1)Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing—

(a)the punishment of offenders,

(b)the reduction of crime (including its reduction by deterrence),

(c)the reform and rehabilitation of offenders,

(d)the protection of the public, and

(e)the making of reparation by offenders to persons affected by their offences.

(2)Subsection (1) does not apply—

(a)in relation to an offender who is aged under 18 at the time of conviction,

(b)to an offence the sentence for which is fixed by law,

(c)to an offence the sentence for which falls to be imposed [F1 under section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with offensive weapon in public),] under section 51A(2) of the Firearms Act 1968 (c. 27) (minimum sentence for certain firearms offences), [F2 under section 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for offence of threatening with article with blade or point or offensive weapon),] under subsection (2) of section 110 or 111 of the Sentencing Act (required custodial sentences)[F3, under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon)][F4, under section 224A of this Act (life sentence for second listed offence for certain dangerous offenders)] or under [F5section 225(2) or 226(2)] of this Act [F6(imprisonment or detention for life for certain dangerous offenders)], or

(d)in relation to the making under Part 3 of the Mental Health Act 1983 (c. 20) of a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.

(3)In this Chapter “sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of his offence; and “sentencing” is to be construed accordingly.

Textual Amendments

Commencement Information

I1S. 142 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Prospective

F7142APurposes etc. of sentencing: offenders under 18E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

143Determining the seriousness of an offenceE+W

(1)In considering the seriousness of any offence, the court must consider the offender’s culpability in committing the offence and any harm which the offence caused, was intended to cause or might forseeably have caused.

(2)In considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more previous convictions, the court must treat each previous conviction as an aggravating factor if (in the case of that conviction) the court considers that it can reasonably be so treated having regard, in particular, to—

(a)the nature of the offence to which the conviction relates and its relevance to the current offence, and

(b)the time that has elapsed since the conviction.

(3)In considering the seriousness of any offence committed while the offender was on bail, the court must treat the fact that it was committed in those circumstances as an aggravating factor.

(4)Any reference in subsection (2) to a previous conviction is to be read as a reference to—

(a)a previous conviction by a court in the United Kingdom, F8. . .

[F9(aa)a previous conviction by a court in another member State of a relevant offence under the law of that State,]

[F10(b)a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).]

[F11or

(c)a finding of guilt in respect of a member State service offence.]

[F12(5)Subsections (2) and (4) do not prevent the court from treating—

(a)a previous conviction by a court outside both the United Kingdom and any other member State, or

(b)a previous conviction by a court in any member State (other than the United Kingdom) of an offence which is not a relevant offence,

as an aggravating factor in any case where the court considers it appropriate to do so.

(6)For the purposes of this section—

(a)an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction of the defendant for the current offence,

(b)“member State service offence” means an offence which—

(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii)would constitute an offence under the law of any part of the United Kingdom, or a service offence (within the meaning of the Armed Forces Act 2006), if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence,

(c)“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006, and

(d)“service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.]

Textual Amendments

F10S. 143(4)(b) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 216; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C5S. 143(4) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(2)(3)(a), 205, Sch. 1 para. 53(5)

Commencement Information

I2S. 143 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

144Reduction in sentences for guilty pleasE+W

(1)In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court must take into account—

(a)the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and

(b)the circumstances in which this indication was given.

(2)In the case of an offence the sentence for which falls to be imposed under [F13a provision mentioned in subsection (3)], nothing in [F14that provision] prevents the court, after taking into account any matter referred to in subsection (1) of this section, from imposing any sentence which is not less than 80 per cent of that specified in [F14that provision].

[F15(3)The provisions referred to in subsection (2) are—

(4)In the case of an offence the sentence for which falls to be imposed under a provision mentioned in subsection (5), nothing in that provision prevents the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection (1) of this section.

(5)The provisions referred to in subsection (4) are—

Textual Amendments

Commencement Information

I3S. 144 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

145Increase in sentences for racial or religious aggravationE+W

(1)This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).

(2)If the offence was racially or religiously aggravated, the court—

(a)must treat that fact as an aggravating factor, and

(b)must state in open court that the offence was so aggravated.

(3)Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.

Commencement Information

I4S. 145 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

146Increase in sentences for aggravation related to disability[F16, sexual orientation or transgender identity] E+W

(1)This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).

(2)Those circumstances are—

(a)that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—

(i)the sexual orientation (or presumed sexual orientation) of the victim, F17...

(ii)a disability (or presumed disability) of the victim, or

[F18(iii)the victim being (or being presumed to be) transgender, or]

(b)that the offence is motivated (wholly or partly)—

(i)by hostility towards persons who are of a particular sexual orientation, F19...

(ii)by hostility towards persons who have a disability or a particular disability[F20, or

(iii)by hostility towards persons who are transgender.]

(3)The court—

(a)must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and

(b)must state in open court that the offence was committed in such circumstances.

(4)It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(5)In this section “disability” means any physical or mental impairment.

[F21(6)In this section references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.]

Textual Amendments

Commencement Information

I5S. 146 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)