Part III Miscellaneous and General

50 Meaning of “sentence”.

C1F11

In this Act “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including, in particular—

a

a hospital order under Part III of the M1Mental Health Act 1983, with or without a restriction order;

b

an interim hospital order under that Part;

F2bb

a hospital direction and a limitation direction under that Part;

c

a recommendation for deportation;

F12ca

a confiscation order under Part 2 of the Proceeds of Crime Act 2002 F13(but not a determination under section 10A of that Act);

cb

an order which varies a confiscation order made under Part 2 of the Proceeds of Crime Act 2002 if the varying order is made under section 21, 22 or 29 of that Act (but not otherwise);

d

a confiscation order under the F3Drug Trafficking Act 1994 other than one made by the High Court;

e

a confiscation order under Part VI of the M2Criminal Justice Act 1988;

f

an order varying a confiscation order of a kind which is included by virtue of paragraph (d) or (e) above;

g

an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of F4section 19 of the Act of 1994; and

h

a F9declaration of relevance, within the meaning of section 23 of the M3Football Spectators Act 1989F10; and

i

an order under section 129(2) of the Licensing Act 2003 (forfeiture or suspension of personal licence).

F51A

F11Section 82 of the Sentencing Code (under which a conviction of an offence for which F6... an order for a conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.

2

Any power of the criminal division of the Court of Appeal to pass a sentence includes a power to make a recommendation for deportation in cases where the court from which the appeal lies had power to make such a recommendation.

F73

An order F8relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is not a sentence for the purposes of this Act.