Criminal Justice Act 2003

Matters to be taken into account in sentencing E+W

142 Purposes of sentencing E+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 under [F1 a provision mentioned in subsection (2A)], 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.

[F2 (2A) The provisions referred to in subsection (2)(c) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons);

(b) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences);

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon);

(d) section 110(2) or 111(2) of the Sentencing Act (minimum sentence for certain drug trafficking and burglary offences);

(e) section 224A of this Act (life sentence for second listed offence for certain dangerous offenders);

(f) section 225(2) or 226(2) of this Act (imprisonment or detention for life for certain dangerous offenders);

(g) section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentence in certain cases of using someone to mind a weapon).]

(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

F1 Words in s. 142(2)(c) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 10(2); S.I. 2015/1463, art. 2(b)

F2 S. 142(2A) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 10(3); S.I. 2015/1463, art. 2(b)

Commencement Information

I1 S. 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

F3 142A Purposes etc. of sentencing: offenders under 18 E+W

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

Textual Amendments

F3 Ss. 142-154 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

143 Determining the seriousness of an offence E+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, F4 . . .

[F5 (aa) a previous conviction by a court in another member State of a relevant offence under the law of that State,]

[F6 (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).]

[F7 or

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

[F8 (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

F4 Word in s. 143(4)(a) repealed (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 178, 182, Sch. 17 para. 6(2)(a), Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(c)(d)(iii)(f)(iii)

F5 S. 143(4)(aa) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17 para. 6(2)(a) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(a)(d)(iii)

F6 S. 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

F7 S. 143(4)(c) and word inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17 para. 6(2)(b) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(a)(d)(iii)

F8 S. 143(5)(6) substituted (15.8.2010) for s. 143(5) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17 para. 6(3) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(a)(d)(iii)

Modifications etc. (not altering text)

C1 S. 143(3) modified (31.10.2009) by The Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009 (S.I. 2009/2042), regs. 4, 10

C2 S. 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

I2 S. 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)

144 Reduction in sentences for guilty pleas E+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 [F9 an offender who—

(a) is convicted of an offence the sentence for which falls to be imposed under a provision mentioned in subsection (3), and

(b) is aged 18 or over when convicted,

nothing] in [F10 that 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 [F10 that provision].

[F11 (3) The provisions referred to in subsection (2) are—

• [F12 section 1(2B) or 1A(5)] of the Prevention of Crime Act 1953;

• section 110(2) of the Sentencing Act;

• section 111(2) of the Sentencing Act;

• [F13 section 139(6B), 139A(5B) or 139AA(7)] of the Criminal Justice Act 1988.

(4) In the case of [F14 an offender who—

(a) is convicted of an offence the sentence for which falls to be imposed under a provision mentioned in subsection (5), and

(b) is aged 16 or 17 when convicted,

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—

• [F15 section 1(2B) or 1A(5)] of the Prevention of Crime Act 1953;

• [F16 section 139(6B), 139A(5B) or 139AA(7)] of the Criminal Justice Act 1988.]

Textual Amendments

F9 Words in s. 144(2) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 12(2); S.I. 2015/1463, art. 2(b)

F10 Words in s. 144(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 18(2)(b); S.I. 2012/2770, art. 2(f)

F11 S. 144(3)-(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 18(3); S.I. 2012/2770, art. 2(f)

F12 Words in s. 144(3) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 12(3)(a); S.I. 2015/1463, art. 2(b)

F13 Words in s. 144(3) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 12(3)(b); S.I. 2015/1463, art. 2(b)

F14 Words in s. 144(4) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 12(4); S.I. 2015/1463, art. 2(b)

F15 Words in s. 144(5) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 12(5)(a); S.I. 2015/1463, art. 2(b)

F16 Words in s. 144(5) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 12(5)(b); S.I. 2015/1463, art. 2(b)

Commencement Information

I3 S. 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)

145 Increase in sentences for racial or religious aggravation E+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

I4 S. 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)

146 Increase in sentences for aggravation related to disability[F17 , 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, F18 ...

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

[F19 (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, F20 ...

(ii) by hostility towards persons who have a disability or a particular disability[F21 , 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.

[F22 (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

F17 Words in s. 146 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(3), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F18 Word in s. 146(2)(a)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(4)(a), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F19 S. 146(2)(a)(iii) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(4)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F20 Word in s. 146(2)(b)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(5)(a), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F21 S. 146(2)(b)(iii) and preceding word inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(5)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F22 S. 146(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(6), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

Commencement Information

I5 S. 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)