Powers of Criminal Courts (Sentencing) Act 2000
Part I POWERS EXERCISABLE BEFORE SENTENCE
Deferment of sentence
1 Deferment of sentence
1AFurther provision about undertakings
1BBreach of undertakings
1CConviction of offence during period of deferment
1DDeferment of sentence: supplementary
Committal to Crown Court for sentence
3 Committal for sentence on summary trial of offence triable either way.
3ACommittal for sentence of dangerous adult offenders
3BCommittal for sentence on indication of guilty plea by child or young person
3CCommittal for sentence of dangerous young offenders
4 Committal for sentence on indication of guilty plea to offence triable either way.
5 Power of Crown Court on committal for sentence under sections 3 and 4.
5APower of Crown Court on committal for sentence under sections 3B, 3C and 4A
6 Committal for sentence in certain cases where offender committed in respect of another offence.
7 Power of Crown Court on committal for sentence under section 6.
Remission for sentence: young offenders etc.
8 Power and duty to remit young offenders to youth courts for sentence.
9 Power of youth court to remit offender who attains age of 18 to magistrates’ court other than youth court for sentence.
10 Power of magistrates’ court to remit case to another magistrates’ court for sentence.
Remand by magistrates’ court for medical examination
11 Remand by magistrates’ court for medical examination.
Part II ABSOLUTE AND CONDITIONAL DISCHARGE
12 Absolute and conditional discharge.
13 Commission of further offence by person conditionally discharged.
14 Effect of discharge.
15 Discharge: supplementary.
Part III MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS
Referral orders
16 Duty and power to refer certain young offenders to youth offender panels.
17 The referral conditions.
18 Making of referral orders: general.
19 Making of referral orders: effect on court’s other sentencing powers.
20 Making of referral orders: attendance of parents etc.
Youth offender panels
21 Establishment of panels.
22 Attendance at panel meetings.
Youth offender contracts
23 First meeting: agreement of contract with offender.
24 First meeting: duration of contract.
25 First meeting: failure to agree contract.
26 Progress meetings.
27 Final meeting.
Referrals back to court in the interests of justice
27ARevocation of referral order where offender making good progress etc.
27BExtension of period for which young offender contract has effect
Further court proceedings
28 Offender or parent referred back to court: offender convicted while subject to referral order.
Supplementary
29 Functions of youth offending teams.
30 Regulations under Part III.
31 Rules of court.
32 Definitions for purposes of Part III.
Part IV Youth community orders and reparation orders
Chapter I Youth community orders: general provisions
33 Meaning of “youth community order” and “community sentence”
34 Community orders not available where sentence fixed by law etc.
35 Restrictions on imposing community sentences.
36 Procedural requirements for community sentences: pre-sentence reports etc.
36A Pre-sentence drug testing.
36B Electronic monitoring of requirements in youth community orders.
Chapter IICommunity orders available for offenders of any age
Curfew orders
37 Curfew orders.
38Community orders available for offenders of any age
39 Breach, revocation and amendment of curfew orders.
40 Curfew orders: supplementary.
Exclusion orders
40A Exclusion orders.
40B Breach, revocation and amendment of exclusion orders.
40C Exclusion orders: supplementary.
Chapter IIICommunity orders available only where offender aged 16 or over
Probation orders
41Community rehabilitation orders.
42 Additional requirements which may be included in community rehabilitation orders.
43 Breach, revocation and amendment of community rehabilitation orders.
44 Offenders residing in Scotland or Northern Ireland.
45Community rehabilitation orders: supplementary.
Community punishment orders
46Community punishment orders.
47 Obligations of person subject to community punishment order.
48 Breach, revocation and amendment of community punishment orders.
49 Offenders residing in Scotland or Northern Ireland.
50Community punishment orders: supplementary.
Community punishment and rehabilitation orders
51Community punishment and rehabilitation orders.
Drug treatment and testing orders
52 Drug treatment and testing orders.
53 The treatment and testing requirements.
54 Provisions of order as to supervision and periodic review.
55 Periodic reviews.
56 Breach, revocation and amendment of drug treatment and testing orders.
57 Copies of orders.
58 Drug treatment and testing orders: supplementary.
Drug abstinence orders
58A Drug abstinence orders.
58B Drug abstinence orders: supplementary.
Orders for persistent petty offenders
59 Curfew orders and community punishment orders for persistent petty offenders.
Chapter IVAttendance centre orders: offenders under 21 and defaulters
60 Attendance centre orders.
61 Breach, revocation and amendment of attendance centre orders.
62 Provision, regulation and management of attendance centres.
Chapter VCommunity orders available only where offender aged under 18
Supervision orders
63 Supervision orders.
64 Selection and duty of supervisor and certain expenditure of his.
64ASupervision orders and curfew orders
65 Breach, revocation and amendment of supervision orders.
66 Facilities for implementing supervision orders.
67 Meaning of “local authority”, “reside” and “parent”.
68 Isles of Scilly.
Action plan orders
69 Action plan orders.
70 Requirements which may be included in action plan orders and directions.
71 Action plan orders: power to fix further hearings.
72 Breach, revocation and amendment of action plan orders.
Chapter VIReparation orders for young offenders
73 Reparation orders.
74 Requirements and provisions of reparation order, and obligations of person subject to it.
75 Breach, revocation and amendment of reparation orders.
Part V CUSTODIAL SENTENCES ETC.
Chapter IGeneral provisions
Meaning of “custodial sentence”
76 Meaning of “custodial sentence”.
Liability to imprisonment on conviction on indictment
77 Liability to imprisonment on conviction on indictment.
General limit on magistrates’ courts’ powers
78 General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution.
General restrictions on discretionary custodial sentences
79 General restrictions on imposing discretionary custodial sentences.
80 Length of discretionary custodial sentences: general provision.
Procedural requirements for imposing discretionary custodial sentences
81 Pre-sentence reports and other requirements.
82 Additional requirements in case of mentally disordered offender.
Life sentences
82A Determination of tariffs.
Other restrictions
83 Restriction on imposing custodial sentences on persons not legally represented.
84 Restriction on consecutive sentences for released prisoners.
Sexual and violent offences: licences etc.
85 Sexual or violent offences: extension of certain custodial sentences for licence purposes.
86 Sexual offences committed before 30th September 1998.
Crediting of periods of remand in custody
87 Crediting of periods of remand in custody: terms of imprisonment and detention.
88 Meaning of “remand in custody”.
Chapter IIDetention and custody of young offenders
Restriction on imposing imprisonment on persons under 21
89 Restriction on imposing imprisonment on persons under 21.
Detention at Her Majesty’s pleasure or for specified period
90 Offenders who commit murder etc. when under 18: duty to detain at Her Majesty’s pleasure.
91 Offenders under 18 convicted of certain serious offences: power to detain for specified period.
92 Detention under sections 90 and 91: place of detention etc.
Custody for life
93 Duty to impose custody for life in certain cases where offender under 21.
94 Power to impose custody for life in certain other cases where offender at least 18 but under 21.
95 Custody for life: place of detention.
Detention in a young offender institution
96 Detention in a young offender institution for other cases where offender at least 18 but under 21.
97 Term of detention in a young offender institution, and consecutive sentences.
98 Detention in a young offender institution: place of detention.
Conversion of sentence of detention to sentence of imprisonment
99 Conversion of sentence of detention to sentence of imprisonment
Detention and training orders
100 Offenders under 18: detention and training orders.
101 Term of order, consecutive terms and taking account of remands.
102 The period of detention and training.
103 The period of supervision.
104 Breach of supervision requirements.
105 Offences during currency of order.
106 Interaction with sentences of detention in a young offender institution.
106AInteraction with sentences of detention
107 Meaning of “youth detention accommodation” and references to terms.
Detention of persons aged at least 18 but under 21 for default or contempt
108 Detention of persons aged at least 18 but under 21 for default or contempt.
Chapter IIIRequired custodial sentences for certain offences
109 Life sentence for second serious offence.
110 Minimum of seven years for third class A drug trafficking offence.
111 Minimum of three years for third domestic burglary.
112 Appeals where previous convictions set aside.
113 Certificates of convictions for purposes of Chapter III.
114 Offences under service law.
115 Determination of day when offence committed.
Chapter IVReturn to prison etc. where offence committed during original sentence
116 Power to order return to prison etc. where offence committed during original sentence.
117 Treatment for purposes of section 116(1) of person serving two or more sentences or extended sentence.
Chapter VSuspended sentences of imprisonment
Suspended sentences of imprisonment
118 Suspended sentences of imprisonment.
119 Power of court on conviction of further offence to deal with suspended sentence.
120 Court by which suspended sentence may be dealt with.
121 Procedure where court convicting of further offence does not deal with suspended sentence.
Suspended sentence supervision orders
122 Suspended sentence supervision orders.
123 Breach of requirement of suspended sentence supervision order.
124 Suspended sentence supervision orders: revocation, amendment and cessation.
Suspended sentences: supplementary
125 Suspended sentences: supplementary.
Part VIFinancial penalties and orders
Financial circumstances orders
126 Powers to order statement as to offender’s financial circumstances.
Fines: general
127 General power of Crown Court to fine offender convicted on indictment.
128 Fixing of fines.
129 Remission of fines.
Compensation orders
130 Compensation orders against convicted persons.
131 Limit on amount payable under compensation order of magistrates’ court.
132 Compensation orders: appeals etc.
133 Review of compensation orders.
134 Effect of compensation order on subsequent award of damages in civil proceedings.
Young offenders
135 Limit on fines imposed by magistrates’ courts in respect of young offenders.
136 Power to order statement as to financial circumstances of parent or guardian.
137 Power to order parent or guardian to pay fine, costs , compensation or surcharge.
138 Fixing of fine , compensation or surcharge to be paid by parent or guardian.
Miscellaneous powers and duties of Crown Court in relation to fines etc.
139 Powers and duties of Crown Court in relation to fines and forfeited recognizances.
140 Enforcement of fines imposed and recognizances forfeited by Crown Court.
141 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.
142 Power of Crown Court to order search of persons before it.
Part VIIFurther powers of courts
Powers to deprive offender of property used etc. for purposes of crime
143 Powers to deprive offender of property used etc. for purposes of crime.
144 Property which is in possession of police by virtue of section 143.
145 Application of proceeds of forfeited property.
Driving disqualifications
146 Driving disqualification for any offence.
147 Driving disqualification where vehicle used for purposes of crime.
Restitution orders
148 Restitution orders.
149 Restitution orders: supplementary.
Young offenders
150 Binding over of parent or guardian.
Part VIIIMiscellaneous and supplementary
Factors to be taken into account in sentencing
151 Effect of previous convictions and of offending while on bail.
152 Reduction in sentences for guilty pleas.
153 Increase in sentences for racial or religious aggravation.
Commencement and alteration of Crown Court sentence
154 Commencement of Crown Court sentence.
155 Alteration of Crown Court sentence.
Disclosure of pre-sentence reports etc.
156 Disclosure of pre-sentence reports.
157Other reports of officers of local probation boards and members of youth offending teams
Supplementary
158 Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders.
159 Execution of process between England and Wales and Scotland.
160 Rules and orders.
Interpretation
161 Meaning of “associated offence”, “sexual offence”, “violent offence” and “protecting the public from serious harm”.
162 Meaning of “pre-sentence report”.
163 General definitions.
164 Further interpretive provisions.
Final provisions
165 Consequential amendments, transitory modifications, transitional provisions and repeals.
166 Short title.
167 Extent.
168 Commencement.
SCHEDULES
SCHEDULE 1 Youth offender panels: further court proceedings
Part I Referral back to appropriate court :revocation of referral order
Introductory
1(1) This Part of this Schedule applies where a youth...
Mode of referral back to court
2The panel shall make the referral by sending a report...
Bringing the offender before the court
3(1) Where the appropriate court receives such a report, the...
Detention and remand of arrested offender
4(1) Where the offender is arrested in pursuance of a...
Power of court where it upholds panel’s decision
5(1) If it is proved to the satisfaction of the...
Appeal
6Where the court in exercise of the power conferred by...
Court not revoking referral order or orders
7(1) This paragraph applies— (a) where the appropriate court decides...
Exception where court satisfied as to completion of contract
8If, in a case where the offender is referred back...
Discharge of extension orders
9The discharge under paragraph 7(3) or 8 above of a...
Part 1ZAReferral back to appropriate court: extension of period for which contract has effect
9ZBIntroductory
9ZCMode of referral back to court
9ZDPower of court
9ZESupplementary
Part 1areferral of parent or guardian for breach of section 20 order
9AIntroductory
9BMode of referral to court
9CBringing the parent before the court
9DPower of court to make parenting order: application of supplemental provisions
9EAppeal
9FEffect on section 20 order
Part II Further convictions during referral
Extension of referral for further offences
10(1) Paragraphs 11 and 12 below apply where, at a...
11If— (a) the occasion on which the offender was referred...
Extension where further offence committed after referral
12(1) If— (a) paragraph 11(a) above applies, but
Provisions supplementary to paragraphs 11 and 12
13(1) An order under paragraph 11 or 12 above, or...
Further convictions which lead to revocation of referral
14(1) This paragraph applies where, at a time when an...
Interpretation
15(1) For the purposes of this Part of this Schedule...
SCHEDULE 2Additional requirements which may be included in community rehabilitation orders
...
(1) Subject to sub-paragraphs (2) and (3) below, a community...
(1) Subject to the provisions of this paragraph, a community...
(1) Subject to the provisions of this paragraph, a community...
If the court so directs in the case of an...
(1) This paragraph applies where a court proposing to make...
(1) Subject to sub-paragraph (2) below, this paragraph applies where...
(1) Subject to the provisions of this paragraph, a community...
SCHEDULE 3Breach, revocation and amendment of certain community orders
Part I Preliminary
Definitions
1(1) In this Schedule “relevant order” means any of the...
Orders made on appeal
2(1) Where a curfew, exclusion, community rehabilitation, community punishment, community...
Functions of responsible officer
2A(1) Sub-paragraphs (2) and (3) below apply if the responsible...
Part II Breach of requirement of order
Issue of summons or warrant
3(1) If at any time while a relevant order is...
Powers of magistrates’ court
4(1) If it is proved to the satisfaction of a...
Powers of Crown Court
5(1) Where under paragraph 3 or by virtue of paragraph...
Exclusions from paragraphs 4 and 5
6(1) Without prejudice to paragraphs 10 and 11 below, an...
Community punishment orders imposed for breach of relevant order
7(1) Section 46(1) of this Act (community punishment orders) shall...
Attendance centre orders imposed for breach of relevant order
8(1) Section 60(1) of this Act (attendance centre orders) shall...
Supplementary
9(1) Any exercise by a court of its powers under...
Part III Revocation of order
Revocation of order with or without re-sentencing: powers of magistrates’ court
10(1) This paragraph applies where a relevant order made by...
Revocation of order with or without re-sentencing: powers of Crown Court on conviction etc.
11(1) This paragraph applies where— (a) a relevant order made...
Substitution of conditional discharge for community rehabilitation or community punishment and rehabilitation order
12(1) This paragraph applies where a community rehabilitation order or...
Revocation following custodial sentence by magistrates’ court unconnected with order
13(1) This paragraph applies where— (a) an offender in respect...
14Where by virtue of paragraph 13(3)(b) above an offender is...
Supplementary
15(1) On the making under this Part of this Schedule...
16Paragraph 9(3) above shall apply for the purposes of paragraphs...
17Where under this Part of this Schedule a relevant order...
Part IV Amendment of order
Amendment by reason of change of residence
18(1) This paragraph applies where, at any time while a...
Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order.
19(1) Without prejudice to the provisions of paragraph 18 above...
Amendment of treatment requirements of community rehabilitation or community punishment and rehabilitation order on report of practitioner
20(1) Where the medical practitioner or other person by whom...
Amendment of drug treatment and testing order
21(1) Without prejudice to the provisions of section 55(1), (6)...
Extension of community punishment or community punishment and rehabilitation order
22Where— (a) a community punishment order or community punishment and...
Supplementary
23No order may be made under paragraph 18 above, and...
24(1) Subject to sub-paragraph (2) below, where a court proposes...
25(1) On the making under this Part of this Schedule...
SCHEDULE 4 Transfer of certain community orders to Scotland or Northern Ireland
...
(1) Where a court considering the making of a probation...
(1) Where a court considering the making of a community...
(1) Where a court considering the making of a community...
(1) Where a court considering the making of a community...
Paragraphs 1 and 3 above shall apply in relation to...
(1) Where a community order is made or amended in...
SCHEDULE 5 Breach, revocation and amendment of attendance centre orders
Breach of order or attendance centre rules
1(1) Where an attendance centre order is in force and...
2(1) If it is proved to the satisfaction of the...
3(1) Where by virtue of paragraph 2(1)(c) above the offender...
Revocation of order with or without re-sentencing
4(1) Where an attendance centre order is in force in...
Amendment of order
5(1) Where an attendance centre order is in force in...
Orders made on appeal
6(1) Where an attendance centre order has been made on...
Orders for defaulters
7(1) References in this Schedule to an “offender” include a...
SCHEDULE 6 Requirements which may be included in supervision orders
Requirement to reside with named individual
1A supervision order may require the offender to reside with...
Requirement to comply with directions of supervisor
2(1) Subject to sub-paragraph (2) below, a supervision order may...
Requirements as to activities, reparation, night restrictions etc.
3(1) This paragraph applies to a supervision order unless the...
4 Requirements which may be included in supervision orders
Requirement to live for specified period in local authority accommodation
5(1) Where the conditions mentioned in sub-paragraph (2) below are...
Requirement to live for specified period with local authority foster parent
5A(1) Where the conditions mentioned in sub-paragraph (2) below are...
Requirements as to treatment for mental condition
6(1) This paragraph applies where a court which proposes to...
Requirements as to drug treatment and testing
6A(1) This paragraph applies where a court proposing to make...
Requirements as to education
7(1) This paragraph applies to a supervision order unless the...
Exercise of powers under paragraphs 3, 6 and 7
8(1) Any power to include a requirement in a supervision...
SCHEDULE 7 Breach, revocation and amendment of supervision orders
Meaning of “relevant court”, etc.
1(1) In this Schedule, “relevant court”, in relation to a...
Breach of requirement of supervision order
2(1) This paragraph applies if while a supervision order is...
Curfew orders imposed for breach of supervision order
3(1) Section 37(1) of this Act (curfew orders) shall apply...
Attendance centre orders imposed for breach of supervision order
4(1) Section 60(1) of this Act (attendance centre orders) shall...
Revocation and amendment of supervision order
5(1) If while a supervision order is in force in...
Amendment of order on report of medical practitioner
6(1) If a medical practitioner by whom or under whose...
Presence of offender in court, remands etc.
7(1) Where the supervisor makes an application or reference under...
Restrictions on court’s powers to revoke or amend order
8(1) A youth court shall not— (a) exercise its powers...
9Where the offender has attained the age of 14, then...
Copies of revoking or amending orders
10A court which makes an order amending or revoking a...
Appeals
11The offender may appeal to the Crown Court against—
Power of parent or guardian to make application on behalf of young person
12(1) Without prejudice to any power apart from this sub-paragraph...
SCHEDULE 8 Breach, revocation and amendment of action plan orders and reparation orders
Meaning of “the appropriate court”
1In this Schedule, “the appropriate court”, in relation to an...
Breach of requirement of action plan order or reparation order
2(1) This paragraph applies if while an action plan order...
Curfew orders imposed for breach of action plan order or reparation order
3(1) Section 37(1) of this Act (curfew orders) shall apply...
Attendance centre orders imposed for breach of action plan or reparation order
4(1) Section 60(1) of this Act (attendance centre orders) shall...
Revocation and amendment of action plan order or reparation order
5(1) If while an action plan order or reparation order...
Presence of offender in court, remands etc.
6(1) Where the responsible officer makes an application under paragraph...
Appeals
7The offender may appeal to the Crown Court against—
SCHEDULE 9 Consequential amendments
Children and Young Persons Act 1933 (c. 12)
1In section 34 of the Children and Young Persons Act...
2(1) Section 49 of the Children and Young Persons Act...
3(1) Section 58 of the Children and Young Persons Act...
Prison Act 1952 (c. 52)
4In section 13(2) of the Prison Act 1952 (legal custody...
5(1) Section 43 of the Prison Act 1952 (institutions for...
6In section 49(5) of the Prison Act 1952 (meaning of...
7In section 53(1) of the Prison Act 1952 (interpretation), in...
Army Act 1955 (c. 18)
8In section 70(3A) of the Army Act 1955 (civil offences),...
9In section 71A(1A) of the Army Act 1955 (juveniles), for...
10In section 71AA(6)(a) of the Army Act 1955 (young service...
11In section 71B(2) of the Army Act 1955 (maximum periods...
12In Schedule 5A to the Army Act 1955 (powers of...
Air Force Act 1955 (c. 19)
13In section 70(3A) of the Air Force Act 1955 (civil...
14In section 71A(1A) of the Air Force Act 1955 (juveniles),...
15In section 71AA(6)(a) of the Air Force Act 1955 (young...
16In section 71B(2) of the Air Force Act 1955 (maximum...
17In Schedule 5A to the Air Force Act 1955 (powers...
Naval Discipline Act 1957 (c. 53)
18In section 42(1A) of the Naval Discipline Act 1957 (civil...
19In section 43A(1A) of the Naval Discipline Act 1957 (juveniles),...
20In section 43AA(6)(a) of the Naval Discipline Act 1957 (young...
21In section 43B(2) of the Naval Discipline Act 1957 (maximum...
22In Schedule 4A to the Naval Discipline Act 1957 (powers...
Children and Young Persons Act 1963 (c. 37)
23In section 16(3) of the Children and Young Persons Act...
Criminal Justice Act 1967 (c. 80)
24In section 32(3) of the Criminal Justice Act 1967 (costs...
25(1) Section 67 of the Criminal Justice Act 1967 (computation...
26(1) In section 104 of the Criminal Justice Act 1967...
27In section 106(2) of the Criminal Justice Act 1967 (extent...
Criminal Appeal Act 1968 (c. 19)
28(1) Section 10 of the Criminal Appeal Act 1968 (appeal...
29In section 11(4) of the Criminal Appeal Act 1968 (supplementary...
30In section 50(1A) of the Criminal Appeal Act 1968 (right...
Firearms Act 1968 (c. 27)
31In section 21 of the Firearms Act 1968 (possession of...
Health Services and Public Health Act 1968 (c. 46)
32In section 64 of the Health Services and Public Health...
33In section 65 of the Health Services and Public Health...
Social Work (Scotland) Act 1968 (c. 49)
34In section 94(1) of the Social Work (Scotland) Act 1968...
Theft Act 1968 (c. 60)
35In section 35(2) of the Theft Act 1968 (application of...
Civil Evidence Act 1968 (c. 64)
36In section 11(5)(a) of the Civil Evidence Act 1968 (convictions...
Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)
37In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland)...
Children and Young Persons Act 1969 (c. 54)
38In section 23 of the Children and Young Persons Act...
39In each of the following provisions of the Children and...
40In section 30(1) of the Children and Young Persons Act...
41(1) Section 32 of the Children and Young Persons Act...
42In section 70(1) of the Children and Young Persons Act...
Administration of Justice Act 1970 (c. 31)
43(1) Part I of Schedule 9 to the Administration of...
Attachment of Earnings Act 1971 (c. 32)
44In section 3(3C) of the Attachment of Earnings Act 1971...
Consumer Credit Act 1974 (c. 39)
45In section 119(2) of the Consumer Credit Act 1974 (unreasonable...
Solicitors Act 1974 (c. 47)
46In section 43 of the Solicitors Act 1974 (control of...
Rehabilitation of Offenders Act 1974 (c. 53)
47In section 1 of the Rehabilitation of Offenders Act 1974...
48(1) Section 5 of the Rehabilitation of Offenders Act 1974...
49In section 7(2) of the Rehabilitation of Offenders Act 1974...
Bail Act 1976 (c. 63)
50(1) Section 2 of the Bail Act 1976 (definitions) shall...
51In section 3 of the Bail Act 1976 (general provisions),...
52In section 4 of the Bail Act 1976 (general right...
53In section 5 of the Bail Act 1976 (supplementary provisions...
54(1) Schedule 1 to the Bail Act 1976 (persons entitled...
Criminal Law Act 1977 (c. 45)
55In section 3(1) of the Criminal Law Act 1977 (penalties...
56In section 38A of the Criminal Law Act 1977 (execution...
57In section 38B of the Criminal Law Act 1977 (further...
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
58In section 5(2) of the Ancient Monuments and Archaeological Areas...
59In section 29 of the Ancient Monuments and Archaeological Areas...
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
60In section 1(2) of the Licensed Premises (Exclusion of Certain...
Magistrates’ Courts Act 1980 (c. 43)
61In section 11(3) of the Magistrates’ Courts Act 1980 (non-appearance...
62In section 17A(4) of the Magistrates’ Courts Act 1980 (initial...
63In section 20(2) of the Magistrates’ Courts Act 1980 (procedure...
64(1) Section 24 of the Magistrates’ Courts Act 1980 (summary...
65In section 33 of the Magistrates’ Courts Act 1980 (maximum...
66In section 77(2) of the Magistrates’ Courts Act 1980 (postponement...
67(1) Section 81 of the Magistrates’ Courts Act 1980 (enforcement...
68In section 88(4) of the Magistrates’ Courts Act 1980 (supervision...
69In section 91(3) of the Magistrates’ Courts Act 1980 (transfer...
70In section 96A of the Magistrates’ Courts Act 1980 (application...
71In section 108(1A) of the Magistrates’ Courts Act 1980 (right...
72In section 113 of the Magistrates’ Courts Act 1980 (bail...
73In section 125(4)(c) of the Magistrates’ Courts Act 1980 (warrants...
74In section 126 of the Magistrates’ Courts Act 1980 (execution...
75In section 128(6) of the Magistrates’ Courts Act 1980 (remand...
76In section 133(1) of the Magistrates’ Courts Act 1980 (consecutive...
77In section 135(3) of the Magistrates’ Courts Act 1980 (detention...
78In section 136(4) of the Magistrates’ Courts Act 1980 (committal...
79In section 143(2) of the Magistrates’ Courts Act 1980 (power...
80(1) In Schedule 6A to the Magistrates’ Courts Act 1980...
Public Passenger Vehicles Act 1981 (c. 14)
81In Schedule 3 to the Public Passenger Vehicles Act 1981...
Criminal Attempts Act 1981 (c. 47)
82In section 4(5)(b) of the Criminal Attempts Act 1981 (penalties)—...
Contempt of Court Act 1981 (c. 49)
83In section 12(5) of the Contempt of Court Act 1981...
84In section 14 of the Contempt of Court Act 1981...
85In section 16(3) of the Contempt of Court Act 1981...
86In Schedule 1 to the Contempt of Court Act 1981...
Supreme Court Act 1981 (c. 54)
87In section 81(1) of the Supreme Court Act 1981 (bail),...
88In section 140 of the Supreme Court Act 1981 (enforcement...
Criminal Justice Act 1982 (c. 48)
89(1) Part III of Schedule 13 to the Criminal Justice...
Mental Health Act 1983 (c. 20)
90(1) Section 37 of the Mental Health Act 1983 (powers...
91In section 43 of the Mental Health Act 1983 (power...
Telecommunications Act 1984 (c. 12)
92In Schedule 3 to the Telecommunications Act 1984 (penalties and...
Child Abduction Act 1984 (c. 37)
93In the Schedule to the Child Abduction Act 1984 (modifications...
Repatriation of Prisoners Act 1984 (c. 47)
94(1) In the Schedule to the Repatriation of Prisoners Act...
Police and Criminal Evidence Act 1984 (c. 60)
95In section 17(1) of the Police and Criminal Evidence Act...
96In section 38 of the Police and Criminal Evidence Act...
97In section 63A(3B) of the Police and Criminal Evidence Act...
98In section 75(3) of the Police and Criminal Evidence Act...
Prosecution of Offences Act 1985 (c. 23)
99In section 19(3)(c) of the Prosecution of Offences Act 1985...
Protection of Military Remains Act 1986 (c. 35)
100In section 7(1) of the Protection of Military Remains Act...
Public Order Act 1986 (c. 64)
101In section 30(5) of the Public Order Act 1986 (domestic...
Criminal Justice Act 1988 (c. 33)
102In section 36(2) of the Criminal Justice Act 1988 (review...
103In section 50 of the Criminal Justice Act 1988 (suspended...
104In section 60(1) of the Criminal Justice Act 1988 (periods...
105In section 71(9A) of the Criminal Justice Act 1988 (power...
106(1) Section 72 of the Criminal Justice Act 1988 (making...
107In section 72A(9A) of the Criminal Justice Act 1988 (variation...
108In section 74(2) of the Criminal Justice Act 1988 (meaning...
109In section 74A(6) of the Criminal Justice Act 1988 (review...
110(1) Section 74C of the Criminal Justice Act 1988 (revision...
111(1) Section 75 of the Criminal Justice Act 1988 (application...
112(1) Section 75A of the Criminal Justice Act 1988 (interest...
113In section 83(4) of the Criminal Justice Act 1988 (variation...
114In Schedule 15 to the Criminal Justice Act 1988 (minor...
Copyright, Designs and Patents Act 1988 (c. 48)
115In section 108(6) of the Copyright, Designs and Patents Act...
116In section 199(6) of the Copyright, Designs and Patents Act...
Road Traffic Act 1988 (c. 52)
117In section 164(5) of the Road Traffic Act 1988 (power...
Road Traffic Offenders Act 1988 (c. 53)
118In section 25(4) of the Road Traffic Offenders Act 1988...
119(1) Section 26 of the Road Traffic Offenders Act 1988...
120In section 27(3) of the Road Traffic Offenders Act 1988...
121In section 34(4A) of the Road Traffic Offenders Act 1988...
122In section 35(5) of the Road Traffic Offenders Act 1988...
123(1) Section 46 of the Road Traffic Offenders Act 1988...
Extradition Act 1989 (c. 33)
124In section 20(2)(b) of the Extradition Act 1989 (restoration of...
Football Spectators Act 1989 (c. 37)
125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children Act 1989 (c. 41)
126In section 21(2)(c) of the Children Act 1989 (provision of...
127In section 31(7) of the Children Act 1989 (care and...
128In section 81(1) of the Children Act 1989 (inquiries), for...
129In section 105(6) of the Children Act 1989 (meaning of...
130In Part III of Schedule 2 to the Children Act...
131(1) Part III of Schedule 3 to the Children Act...
132In Schedule 8 to the Children Act 1989 (privately fostered...
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
133In section 5(4) of the Criminal Procedure (Insanity and Unfitness...
Criminal Justice Act 1991 (c. 53)
134In section 16(b) of the Criminal Justice Act 1991 (reciprocal...
135In section 23(1) of the Criminal Justice Act 1991 (default...
136In section 24(3) of the Criminal Justice Act 1991 (recovery...
137In section 33(3A) of the Criminal Justice Act 1991 (duty...
138In section 34A of the Criminal Justice Act 1991 (power...
139In section 40A of the Criminal Justice Act 1991 (release...
140In section 43(1) of the Criminal Justice Act 1991 (young...
141(1) Section 44 of the Criminal Justice Act 1991 (extended...
142In section 44A of the Criminal Justice Act 1991 (re-release...
143In section 45(1) of the Criminal Justice Act 1991 (fine...
144(1) Section 51 of the Criminal Justice Act 1991 (interpretation...
145In section 65(1) of the Criminal Justice Act 1991 (supervision...
146In section 82(4) of the Criminal Justice Act 1991 (duties...
147(1) Part III of Schedule 3 to the Criminal Justice...
148In Schedule 4 to the Criminal Justice Act 1991 (increase...
149In Schedule 12 to the Criminal Justice Act 1991 (transitional...
Social Security Administration Act 1992 (c. 5)
150In section 121(2) of the Social Security Administration Act 1992...
Aggravated Vehicle-Taking Act 1992 (c. 11)
151In section 1(2) of the Aggravated Vehicle-Taking Act 1992 (supplementary...
Local Government Finance Act 1992 (c. 14)
152In Schedule 1 to the Local Government Finance Act 1992...
Probation Service Act 1993 (c. 47)
153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pension Schemes Act 1993 (c. 48)
157In section 68(2) of the Pension Schemes Act 1993 (unpaid...
Vehicle Excise and Registration Act 1994 (c. 22)
158In section 32(1) of the Vehicle Excise and Registration Act...
159In section 41(1) of the Vehicle Excise and Registration Act...
Criminal Justice and Public Order Act 1994 (c. 33)
160In section 25 of the Criminal Justice and Public Order...
161In section 136 of the Criminal Justice and Public Order...
162In Schedule 1 to the Criminal Justice and Public Order...
Drug Trafficking Act 1994 (c. 37)
163 Drug Trafficking Act 1994 (c. 37)
164 Drug Trafficking Act 1994 (c. 37)
165 Drug Trafficking Act 1994 (c. 37)
166 Drug Trafficking Act 1994 (c. 37)
167 Drug Trafficking Act 1994 (c. 37)
168 Drug Trafficking Act 1994 (c. 37)
169 Drug Trafficking Act 1994 (c. 37)
170 Drug Trafficking Act 1994 (c. 37)
171 Drug Trafficking Act 1994 (c. 37)
172 Drug Trafficking Act 1994 (c. 37)
173 Drug Trafficking Act 1994 (c. 37)
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
174In Schedule 3 to the Goods Vehicles (Licensing of Operators)...
Children (Scotland) Act 1995 (c. 36)
175In section 33 of the Children (Scotland) Act 1995 (effect...
Criminal Procedure (Scotland) Act 1995 (c. 46)
176(1) Section 234 of the Criminal Procedure (Scotland) Act 1995...
177(1) Section 242 of the Criminal Procedure (Scotland) Act 1995...
178In section 244 of the Criminal Procedure (Scotland) Act 1995...
London Local Authorities Act 1995 (c. x)
179In section 26(1) of the London Local Authorities Act 1995...
Criminal Evidence (Amendment) Act 1997 (c. 17)
180In section 1(6) of the Criminal Evidence (Amendment) Act 1997...
Social Security (Recovery of Benefits) Act 1997 (c. 27)
181In Part I of Schedule 1 to the Social Security...
Crime (Sentences) Act 1997 (c. 43)
182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
183(1) Section 34 of the Crime (Sentences) Act 1997 (interpretation...
184(1) Section 35 of the Crime (Sentences) Act 1997 (community...
185(1) Section 40 of the Crime (Sentences) Act 1997 (driving...
186(1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer...
187(1) Schedule 4 to the Crime (Sentences) Act 1997 (minor...
188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sex Offenders Act 1997 (c. 51)
189In section 4(1) of the Sex Offenders Act 1997 (young...
190In section 6(1) of the Sex Offenders Act 1997 (interpretation...
Data Protection Act 1998 (c. 29)
191In section 56 of the Data Protection Act 1998 (prohibition...
Crime and Disorder Act 1998 (c. 37)
192In section 1 of the Crime and Disorder Act 1998...
193In section 2 of the Crime and Disorder Act 1998...
194In section 8(2) of the Crime and Disorder Act 1998...
195In section 9(1A) of the Crime and Disorder Act 1998...
196In section 18 of the Crime and Disorder Act 1998...
197In section 38(4) of the Crime and Disorder Act 1998...
198In section 66 of the Crime and Disorder Act 1998...
199In section 114(3) of the Crime and Disorder Act 1998...
200In section 117(1) of the Crime and Disorder Act 1998...
201(1) Schedule 3 to the Crime and Disorder Act 1998...
202(1) Schedule 8 to the Crime and Disorder Act 1998...
203In Schedule 9 to the Crime and Disorder Act 1998...
Access to Justice Act 1999 (c. 22)
204In section 96 of the Access to Justice Act 1999...
Youth Justice and Criminal Evidence Act 1999 (c. 23)
205In paragraph 3(9) of Schedule 2 to the Youth Justice...
SCHEDULE 10 Transitory modifications
Section 8
1(1) This paragraph applies if paragraph 11 of Schedule 13...
2(1) This paragraph applies if paragraph 5 of Schedule 4...
Section 13
3(1) This paragraph applies if paragraph 84 of Schedule 13...
Sections 63 and 66 and Schedule 7
4(1) This paragraph applies if paragraph 63 of Schedule 13...
Section 67
5(1) This paragraph applies if the repeal made by Part...
Section 69
6(1) This paragraph applies if paragraph 30 of Schedule 4...
Section 73
7(1) This paragraph applies if paragraph 29 of Schedule 4...
Section 83
8(1) This paragraph applies if— (a) paragraphs 9 and 25...
Sections 122 and 124
9(1) This paragraph applies if paragraph 85 of Schedule 13...
Section 150
10(1) This paragraph applies if paragraph 20 of Schedule 4...
Section 155
11(1) This paragraph applies if paragraph 24 of Schedule 4...
Schedule 3
12(1) This paragraph applies if paragraph 166 of Schedule 13...
Schedule 5
13(1) This paragraph applies if paragraph 123 of Schedule 13...
Schedule 6
14(1) This paragraph applies if subsections (1) to (3) of...
15(1) This paragraph applies if paragraph 5 of Schedule 4...
Meaning of “the relevant commencement date”, etc.
16(1) Subject to sub-paragraph (2) below, in any of the...
17An order under any of paragraphs 2, 6, 7, 10...
Power to make transitional provision
18Section 160(6) of this Act does not apply to an...
Saving for old transitional provisions
19(1) This paragraph applies to any transitional provision or saving...
SCHEDULE 11 Transitional provisions
Part I General
Continuity of the law: general
1(1) The substitution of this Act for the provisions repealed...
General saving for old transitional provisions and savings
2(1) The repeal by this Act of a transitional provision...
Use of existing forms etc.
3Any reference to an enactment repealed by this Act which...
Part II Specific provisions: replication of old transitional provisions
Sections 37, 41, 46 and 79 and Schedules 2, 3 and 6: consent requirements
4(1) In relation to an offence committed before 1st October...
Section 37: minimum age for curfew order
5In relation to an offence committed before 1st January 1998,...
Custodial sentences for young offenders: section 98 and re-sentencing powers
6In relation to an offender sentenced to detention in a...
7A court to which it falls after the commencement of...
Sections 143, 147, 148 and 150: miscellaneous transitional provisions
8The following provisions of this Act, namely—
9In relation to an offence into which a criminal investigation...
10In relation to an offence committed before 3rd February 1995,...
Part III Specific provisions: miscellaneous transitional provisions
Referral orders
11(1) Any provision of Part III of this Act which...
Modifications for Isles of Scilly
12If immediately before the commencement of this Act an order...
Consequential amendments
13The amendments made by Schedule 9 to this Act of...
Part IV Interpretation
14In this Schedule, where the context permits, “repeal” includes revoke....
SCHEDULE 12 Repeals and revocations
Part I Acts of Parliament repealed
Part II Subordinate legislation revoked

Royal arms

Powers of Criminal Courts (Sentencing) Act 2000

2000 CHAPTER 6

An Act to consolidate certain enactments relating to the powers of courts to deal with offenders and defaulters and to the treatment of such persons, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—