C12Part 12Sentencing
C11Chapter 1General provisions about sentencing
Pt. 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 sentencing
I1142Purposes of sentencing
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 section 51A(2) of the Firearms Act 1968 (c. 27) (minimum sentence for certain firearms offences), under subsection (2) of section 110 or 111 of the Sentencing Act (required custodial sentences) F1, 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) or under F2 section 225(2) or 226(2) of this Act (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.
F64142APurposes etc. of sentencing: offenders under 18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2143Determining the seriousness of an offence
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.
C13
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.
C24
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, or
F3b
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).
5
Subsections (2) and (4) do not prevent the court from treating a previous conviction by a court outside the United Kingdom as an aggravating factor in any case where the court considers it appropriate to do so.
I3144Reduction in sentences for guilty pleas
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 subsection (2) of section 110 or 111 of the Sentencing Act, nothing in that subsection 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 that subsection.
I4145Increase in sentences for racial or religious aggravation
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.
I5146Increase in sentences for aggravation related to disability or sexual orientation
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, or
ii
a disability (or presumed disability) of the victim, or
b
that the offence is motivated (wholly or partly)—
i
by hostility towards persons who are of a particular sexual orientation, or
ii
by hostility towards persons who have a disability or a particular disability.
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.
General restrictions on community sentences
I6147Meaning of “community sentence” etc.
1
In this Part “community sentence” means a sentence which consists of or includes—
a
a community order (as defined by section 177), or
b
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5c
a youth rehabilitation order.
2
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I7148Restrictions on imposing community sentences
C31
A court must not pass a community sentence on an offender unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence.
2
Where a court passes a community sentence F7. . . —
a
the particular requirement or requirements forming part of the community order F8, or, as the case may be, youth rehabilitation order, comprised in the sentence must be such as, in the opinion of the court, is, or taken together are, the most suitable for the offender, and
C4b
the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
F92A
Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance).
3
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Subsections (1) and (2)(b) have effect subject to section 151(2).
F115
The fact that by virtue of any provision of this section—
a
a community sentence may be passed in relation to an offence; or
b
particular restrictions on liberty may be imposed by a community order or youth rehabilitation order,
does not require a court to pass such a sentence or to impose those restrictions.
I8149Passing of community sentence on offender remanded in custody
1
In determining the restrictions on liberty to be imposed by a community order or F12youth rehabilitation order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.
2
In subsection (1) “remanded in custody” has the meaning given by section 242(2).
I9150Community sentence not available where sentence fixed by law etc.
The power to make a community order or F13youth rehabilitation order is not exercisable in respect of an offence for which the sentence—
a
is fixed by law,
b
falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27) (required custodial sentence for certain firearms offences),
c
falls to be imposed under section 110(2) or 111(2) of the Sentencing Act (requirement to impose custodial sentences for certain repeated offences committed by offenders aged 18 or over), F14. . .
F15ca
falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (required custodial sentence in certain cases of using someone to mind a weapon), or
d
falls to be imposed under F16section 225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment for life or detention for life)
150AF17Community order available only for offences punishable with imprisonment or for persistent offenders previously fined
1
The power to make a community order is only exercisable in respect of an offence if—
a
the offence is punishable with imprisonment; or
b
in any other case, section 151(2) confers power to make such an order.
2
For the purposes of this section and section 151 an offence triable either way that was tried summarily is to be regarded as punishable with imprisonment only if it is so punishable by the sentencing court (and for this purpose section 148(1) is to be disregarded).
F64151Community order or youth rehabilitation order for persistent offender previously fined
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General restrictions on discretionary custodial sentences
I10152General restrictions on imposing discretionary custodial sentences
1
This section applies where a person is convicted of an offence punishable with a custodial sentence other than one—
a
fixed by law, or
2
The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence.
3
Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if—
a
he fails to express his willingness to comply with a requirement which is proposed by the court to be included in a community order and which requires an expression of such willingness, or
b
he fails to comply with an order under section 161(2) (pre-sentence drug testing).
I11153Length of discretionary custodial sentences: general provision
1
This section applies where a court passes a custodial sentence other than one fixed by law or F20. . . imposed under section 225 or 226.
2
Subject to section 51A(2) of the Firearms Act 1968 (c. 27), sections 110(2) and 111(2) of the Sentencing Act F21, section 29(4) or (6) of the Violent Crime Reduction Act 2006 and sections 227(2) and 228(2) of this Act, the custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
General limit on magistrates' court’s power to impose imprisonment
F64154General limit on magistrates' court’s power to impose imprisonment
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155Consecutive terms of imprisonment
1
Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.
2
In subsection (1), for F65“the words from “the longest” to “being imposed” there is substituted “
65 weeks
”
.
3
Subsection (2) is omitted.
4
In subsection (3) for “the preceding subsections” there is substituted “
subsection (1) above
”
.
Procedural requirements for imposing community sentences and discretionary custodial sentences
I12156Pre-sentence reports and other requirements
1
In forming any such opinion as is mentioned in section 148(1) F22or (2)(b), , section 152(2) or section 153(2), F23or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering), a court must take into account all such information as is available to it about the circumstances of the offence or (as the case may be) of the offence and the offence or offences associated with it, including any aggravating or mitigating factors.
2
In forming any such opinion as is mentioned in section 148(2)(a) F24. . . , the court may take into account any information about the offender which is before it.
3
Subject to subsection (4), a court must obtain and consider a pre-sentence report before—
a
in the case of a custodial sentence, forming any such opinion as is mentioned in section 152(2), section 153(2), section 225(1)(b), section 226(1)(b), section 227(1)(b) or section 228(1)(b)(i), or
b
in the case of a community sentence, forming any such opinion as is mentioned in section 148(1) F25or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008, or any opinion as to the suitability for the offender of the particular requirement or requirements to be imposed by the community order F26or youth rehabilitation order .
4
Subsection (3) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.
5
In a case where the offender is aged under 18, the court must not form the opinion mentioned in subsection (4) unless—
a
there exists a previous pre-sentence report obtained in respect of the offender, and
b
the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
6
No custodial sentence or community sentence is invalidated by the failure of a court to obtain and consider a pre-sentence report before forming an opinion referred to in subsection (3), but any court on an appeal against such a sentence—
a
must, subject to subsection (7), obtain a pre-sentence report if none was obtained by the court below, and
b
must consider any such report obtained by it or by that court.
7
Subsection (6)(a) does not apply if the court is of the opinion—
a
that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or
b
that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.
8
In a case where the offender is aged under 18, the court must not form the opinion mentioned in subsection (7) unless—
a
there exists a previous pre-sentence report obtained in respect of the offender, and
b
the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
I13157Additional requirements in case of mentally disordered offender
1
Subject to subsection (2), in any case where the offender is or appears to be mentally disordered, the court must obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
2
Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
3
Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court must consider—
a
any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise), and
b
the likely effect of such a sentence on that condition and on any treatment which may be available for it.
4
No custodial sentence which is passed in a case to which subsection (1) applies is invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
a
must obtain a medical report if none was obtained by the court below, and
b
must consider any such report obtained by it or by that court.
5
In this section “mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983 (c. 20).
6
In this section “medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder.
7
Nothing in this section is to be taken to limit the generality of section 156.
I14158Meaning of “pre-sentence report”
C51
In this Part “pre-sentence report” means a report which—
a
with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by an appropriate officer, and
b
contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.
F271A
Subject to any rules made under subsection (1)(b) and to subsection (1B), the court may accept a pre-sentence report given orally in open court.
1B
But a pre-sentence report that—
a
relates to an offender aged under 18, and
b
is required to be obtained and considered before the court forms an opinion mentioned in section 156(3)(a),
must be in writing.
2
In subsection (1) “an appropriate officer” means—
a
where the offender is aged 18 or over, an officer of a local probation board F28or an officer of a provider of probation services , and
Disclosure of pre-sentence reports etc
I15159Disclosure of pre-sentence reports
C61
This section applies where the court obtains a pre-sentence report, other than a report given orally in open court.
C62
Subject to subsections (3) and (4), the court must give a copy of the report—
a
to the offender or his F31legal representative ,
b
if the offender is aged under 18, to any parent or guardian of his who is present in court, and
c
to the prosecutor, that is to say, the person having the conduct of the proceedings in respect of the offence.
C63
If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender or, as the case may be, to that parent or guardian.
4
If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for him to be given it.
C65
No information obtained by virtue of subsection (2)(c) may be used or disclosed otherwise than for the purpose of—
a
determining whether representations as to matters contained in the report need to be made to the court, or
b
making such representations to the court.
6
In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—
a
is in their care, or
b
is provided with accommodation by them in the exercise of any social services functions,
references in this section to his parent or guardian are to be read as references to that authority.
7
In this section and section 160—
“harm” has the same meaning as in section 31 of the Children Act 1989 (c. 41);
“local authority” and “parental responsibility” have the same meanings as in that Act;
“social services functions”, in relation to a local authority, has the meaning given by section 1A of the Local Authority Social Services Act 1970 (c. 42).
I16160Other reports of local probation boards F32, providers of probation services and members of youth offending teams
1
This section applies where—
a
a report by an officer of a local probation board F33, an officer of a provider of probation services or a member of a youth offending team is made to any court (other than a youth court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, and
b
the report is not a pre-sentence report.
2
Subject to subsection (3), the court must give a copy of the report—
a
to the offender or his F34legal representative , and
b
if the offender is aged under 18, to any parent or guardian of his who is present in court.
3
If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender, or as the case may be, to that parent or guardian.
4
In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—
a
is in their care, or
b
is provided with accommodation by them in the exercise of any social services functions,
references in this section to his parent or guardian are to be read as references to that authority.
Pre-sentence drug testing
161Pre-sentence drug testing
1
Where a person F35. . . is convicted of an offence and the court is considering passing a community sentence or a suspended sentence, it may make an order under subsection (2) for the purpose of ascertaining whether the offender has any specified Class A drug in his body.
2
The order requires the offender to provide, in accordance with the order, samples of any description specified in the order.
3
Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.
4
If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on him a fine of an amount not exceeding level 4.
5
In subsection (4) “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.
6
The court may not make an order under subsection (2) unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
7
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In this section—
“appropriate adult”, in relation to a person under the age of 17, means—
- a
his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
- b
a social worker of a local authority F37. . . , or
- c
if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;
- a
“specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43).
F63Surcharges
Ss. 161A, 161B and cross-heading inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(1), 59, 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)
161ACourt’s duty to order payment of surcharge
C7C81
A court when dealing with a person for one or more offences must also (subject to subsections (2) and (3)) order him to pay a surcharge.
2
Subsection (1) does not apply in such cases as may be prescribed by an order made by the Secretary of State.
3
Where a court dealing with an offender considers—
a
that it would be appropriate to make a compensation order, but
b
that he has insufficient means to pay both the surcharge and appropriate compensation,
the court must reduce the surcharge accordingly (if necessary to nil).
4
For the purposes of this section a court does not “deal with” a person if it—
a
discharges him absolutely, or
b
makes an order under the Mental Health Act 1983 in respect of him.
161BAmount of surcharge
1
The surcharge payable under section 161A is such amount as the Secretary of State may specify by order.
2
An order under this section may provide for the amount to depend on—
a
the offence or offences committed,
b
how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine),
c
the age of the offender.
This is not to be read as limiting section 330(3) (power to make different provision for different purposes etc).
Fines
I17162Powers to order statement as to offender’s financial circumstances
1
Where an individual has been convicted of an offence, the court may, before sentencing him, make a financial circumstances order with respect to him.
2
Where a magistrates' court has been notified in accordance with section 12(4) of the Magistrates' Courts Act 1980 (c. 43) that an individual desires to plead guilty without appearing before the court, the court may make a financial circumstances order with respect to him.
3
In this section “a financial circumstances order” means, in relation to any individual, an order requiring him to give to the court, within such period as may be specified in the order, such a statement of his financial circumstances as the court may require.
4
An individual who without reasonable excuse fails to comply with a financial circumstances order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
If an individual, in furnishing any statement in pursuance of a financial circumstances order—
a
makes a statement which he knows to be false in a material particular,
b
recklessly furnishes a statement which is false in a material particular, or
c
knowingly fails to disclose any material fact,
he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
6
Proceedings in respect of an offence under subsection (5) may, notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43) (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.
I18163General power of Crown Court to fine offender convicted on indictment
Where a person is convicted on indictment of any offence, other than an offence for which the sentence is fixed by law or falls to be imposed under section 110(2) or 111(2) of the Sentencing Act or under F38section 225(2) or 226(2) of this Act, the court, if not precluded from sentencing an offender by its exercise of some other power, may impose a fine instead of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment requiring the offender to be dealt with in a particular way.
I19164Fixing of fines
1
Before fixing the amount of any fine to be imposed on an offender who is an individual, a court must inquire into his financial circumstances.
2
The amount of any fine fixed by a court must be such as, in the opinion of the court, reflects the seriousness of the offence.
3
In fixing the amount of any fine to be imposed on an offender (whether an individual or other person), a court must take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.
4
Subsection (3) applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.
F394A
In applying subsection (3), a court must not reduce the amount of a fine on account of any surcharge it orders the offender to pay under section 161A, except to the extent that he has insufficient means to pay both.
5
Where—
a
an offender has been convicted in his absence in pursuance of section 11 or 12 of the Magistrates' Courts Act 1980 (c. 43) (non-appearance of accused), or
b
an offender—
i
has failed to furnish a statement of his financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (c. 53) (offence of making false statement as to financial circumstances),
ii
has failed to comply with an order under section 162(1), or
iii
has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,
and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.
I20165Remission of fines
1
This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 164(5).
2
If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—
a
have fixed a smaller amount, or
b
not have fined him,
it may remit the whole or part of the fine.
3
Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 139 of the Sentencing Act (powers of Crown Court in relation to fines) or section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) it must reduce the term by the corresponding proportion.
4
In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.
Savings for power to mitigate etc
I21166Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders
1
Nothing in—
a
section 148 F40or (2B)(imposing community sentences),
b
section 152, 153 or 157 (imposing custodial sentences),
c
section 156 (pre-sentence reports and other requirements),
d
section 164 (fixing of fines),
F41e
paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or
f
paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),
prevents a court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.
2
Section 152(2) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that a community sentence could not normally be justified for the offence.
3
Nothing in the sections mentioned in subsection (1)(a) to F42(f) prevents a court—
a
from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence, and
b
in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.
4
Subsections (2) and (3) are without prejudice to the generality of subsection (1).
5
Nothing in the sections mentioned in subsection (1)(a) to F43(f) is to be taken—
a
as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender, or
b
as restricting any power (whether under the Mental Health Act 1983 (c. 20) or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
6
In subsection (5) “mentally disordered”, in relation to a person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983.
Sentencing and allocation guidelines
167The Sentencing Guidelines Council
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
168Sentencing Guidelines Council: supplementary provisions
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
169The Sentencing Advisory Panel
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
170Guidelines relating to sentencing and allocation
F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
171Functions of Sentencing Advisory Panel in relation to guidelines
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
172Duty of court to have regard to sentencing guidelines
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
173Annual report by Council
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty of court to explain sentence
I22174 Duty to give reasons for, and explain effect of, sentence
1
Subject to subsections (3) and (4), any court passing sentence on an offender—
C9C10a
must state in open court, in ordinary language and in general terms, its reasons for deciding on the sentence passed, and
b
must explain to the offender in ordinary language—
i
the effect of the sentence,
ii
where the offender is required to comply with any order of the court forming part of the sentence, the effects of non-compliance with the order,
iii
any power of the court, on the application of the offender or any other person, to vary or review any order of the court forming part of the sentence, and
iv
where the sentence consists of or includes a fine, the effects of failure to pay the fine.
2
In complying with subsection (1)(a), the court must—
F51a
identify any definitive sentencing guidelines relevant to the offender's case and explain how the court discharged any duty imposed on it by section 125 of the Coroners and Justice Act 2009,
aa
where the court did not follow any such guidelines because it was of the opinion that it would be contrary to the interests of justice to do so, state why it was of that opinion,
b
where the sentence is a custodial sentence and the duty in subsection (2) of section 152 is not excluded by subsection (1)(a) or (b) or (3) of that section F52or any other statutory provision , state that it is of the opinion referred to in section 152(2) and why it is of that opinion,
c
where the sentence is a community sentence F53, other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering, and the case does not fall within section 151(2), state that it is of the opinion that section 148(1) applies and why it is of that opinion,
F54ca
where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,
cb
where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,
d
where as a result of taking into account any matter referred to in section 144(1), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, state that fact, and
e
in any case, mention any aggravating or mitigating factors which the court has regarded as being F55relevant to the case.
3
Subsection (1)(a) does not apply—
a
to an offence the sentence for which is fixed by law (provision relating to sentencing for such an offence being made by section 270), or
b
to an offence the sentence for which falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27) F56, under subsection (2) of section 110 or 111 of the Sentencing Act or under section 29(4) or (6) of the Violent Crime Reduction Act 2006(required custodial sentences).
4
The F57Lord Chancellor may by order—
a
prescribe cases in which subsection (1)(a) or (b) does not apply, and
b
prescribe cases in which the statement referred to in subsection (1)(a) or the explanation referred to in subsection (1)(b) may be made in the absence of the offender, or may be provided in written form.
F584A
Subsection (4B) applies where—
a
a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and
b
the circumstances are such that the court must, in complying with subsection (1)(a), make the statement referred to in subsection (2)(b).
4B
That statement must include—
a
a statement by the court that it is of the opinion that a sentence consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and
b
a statement by the court why it is of that opinion.
5
Where a magistrates' court passes a custodial sentence, it must cause any reason stated by virtue of subsection (2)(b) to be specified in the warrant of commitment and entered on the register.
6
In this section—
F59“definitive sentencing guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued;
“the register” has the meaning given by section 163 of the Sentencing Act.
Publication of information by Secretary of State
I23175Duty to publish information about sentencing
In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial and other purposes) in subsection (1) before the “or” at the end of paragraph (a) there is inserted—
aa
enabling such persons to become aware of the relative effectiveness of different sentences—
i
in preventing re-offending, and
ii
in promoting public confidence in the criminal justice system;
Interpretation of Chapter
I24176Interpretation of Chapter 1
In this Chapter—
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“sentence” and “sentencing” are to be read in accordance with section 142(3);
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62“youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008;
“youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act;
“youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act.
Pt. 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
Pt. 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