C4Part 12Sentencing

Annotations:
Modifications etc. (not altering text)

C3Chapter 1General provisions about sentencing

Annotations:
Modifications etc. (not altering text)
C3

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)

Duty of court to explain sentence

I1174 Duty to give reasons for, and explain effect of, sentence

1

Subject to subsections (3) and (4), any court passing sentence on an offender—

C1C2a

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—

a

where guidelines indicate that a sentence of a particular kind, or within a particular range, would normally be appropriate for the offence and the sentence is of a different kind, or is outside that range, state the court’s reasons for deciding on a sentence of a different kind or outside that range,

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 F1or 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 F2, 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,

F3ca

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 of particular importance.

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) F4, 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 Secretary of State 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.

F54A

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—

  • “guidelines” has the same meaning as in section 172;

  • “the register” has the meaning given by section 163 of the Sentencing Act.