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Criminal Justice Act 2003

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This version of this chapter contains provisions that are prospective. Help about Status

Changes to legislation:

Criminal Justice Act 2003, Chapter 1 is up to date with all changes known to be in force on or before 29 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Chapter 1E+WGeneral provisions about sentencing

Modifications etc. (not altering text)

C1Pt. 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 sentencingE+W

F1142Purposes of sentencingE+W

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Prospective

F1142APurposes etc. of sentencing: offenders under 18E+W

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F1143Determining the seriousness of an offenceE+W

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F1144Reduction in sentences for guilty pleasE+W

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F1145Increase in sentences for racial or religious aggravationE+W

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F1146Increase in sentences for aggravation related to disability, sexual orientation or transgender identity E+W

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General restrictions on community sentencesE+W

F1147Meaning of “community sentence” etc.E+W

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F1148Restrictions on imposing community sentencesE+W

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F1149Passing of community sentence on offender remanded in custodyE+W

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F1150Community sentence not available where sentence fixed by law etc.E+W

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F1150ACommunity order available only for offences punishable with imprisonment or for persistent offenders previously finedE+W

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F1151Community order or youth rehabilitation order for persistent offender previously finedE+W

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General restrictions on discretionary custodial sentencesE+W

F1152General restrictions on imposing discretionary custodial sentencesE+W

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F1153Length of discretionary custodial sentences: general provisionE+W

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General limit on magistrates' court’s power to impose imprisonmentE+W

F1154General limit on magistrates' court’s power to impose imprisonmentE+W

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Textual Amendments

155Consecutive terms of imprisonmentE+W

(1)Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.

(2)In subsection (1), for [F2“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 ”.

Textual Amendments

Procedural requirements for imposing community sentences and discretionary custodial sentencesE+W

F3156Pre-sentence reports and other requirementsE+W

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F3157Additional requirements in case of mentally disordered offenderE+W

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F3158Meaning of “pre-sentence report”E+W

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Disclosure of pre-sentence reports etcE+W

F3159Disclosure of pre-sentence reportsE+W

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F3160Other reports of local probation boards , providers of probation services and members of youth offending teamsE+W

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Pre-sentence drug testingE+W

F3161Pre-sentence drug testingE+W

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SurchargesE+W

F3161ACourt’s duty to order payment of surchargeE+W

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F3161BAmount of surchargeE+W

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FinesE+W

F3162Powers to order statement as to offender’s financial circumstancesE+W

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F3163General power of Crown Court to fine offender convicted on indictmentE+W

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F3164Fixing of finesE+W

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F3165Remission of finesE+W

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Savings for power to mitigate etcE+W

F3166Savings for powers to mitigate sentences and deal appropriately with mentally disordered offendersE+W

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Sentencing and allocation guidelinesE+W

167The Sentencing Guidelines CouncilE+W

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168Sentencing Guidelines Council: supplementary provisionsE+W

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169The Sentencing Advisory PanelE+W

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170Guidelines relating to sentencing and allocationE+W

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171Functions of Sentencing Advisory Panel in relation to guidelinesE+W

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172Duty of court to have regard to sentencing guidelinesE+W

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173Annual report by CouncilE+W

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Duty of court to explain sentenceE+W

F11174Duty to give reasons for and to explain effect of sentenceE+W

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Publication of information by Secretary of StateE+W

175Duty to publish information about sentencingE+W

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;.

Commencement Information

I1S. 175 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)

Interpretation of ChapterE+W

F12176Interpretation of Chapter 1E+W

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