Sentencing Act 2020

CHAPTER 5 Duties to explain or give reasons

52 Duty to give reasons for and to explain effect of sentence

(1) A court passing sentence on an offender has the duties in subsections (2) and (3).

(2) The court must state in open court, in ordinary language and in general terms, the court’s reasons for deciding on the sentence.

(3) The court must explain to the offender in ordinary language—

(a) the effect of the sentence,

(b) the effects of non-compliance with any order that the offender is required to comply with and that forms part of the sentence,

(c) any power of the court to vary or review any order that forms part of the sentence, and

(d) the effects of failure to pay a fine, if the sentence consists of or includes a fine.

(4) Criminal Procedure Rules may—

(a) prescribe cases in which either duty does not apply, and

(b) make provision about how an explanation under subsection (3) is to be given.

(5) Subsections (6) to (9) are particular duties of the court in complying with the duty in subsection (2).

Sentencing guidelines

(6) The court must identify any sentencing guidelines relevant to the offender’s case and—

(a) explain how the court discharged any duty imposed on it by section 59 or 60 (duty to follow guidelines unless satisfied it would be contrary to the interests of justice to do so);

(b) where the court was satisfied it would be contrary to the interests of justice to follow the guidelines, state why.

(7) Where as a result of taking into account any matter mentioned in section 73(2) (guilty pleas), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, the court must state that fact.

Offender aged under 18

(8) If the court imposes a youth rehabilitation order with supervision and surveillance, or a youth rehabilitation order with fostering, it must state why it is of the opinion mentioned in each of—

(a) section 179(2), and

(b) paragraph (a) and, if applicable, paragraph (b) of section 180(2).

(9) If—

(a) the offender is aged under 18, and

(b) the court imposes a sentence that may only be imposed in the offender’s case if the court is of the opinion mentioned in section 230(2) (discretionary custodial sentence),

the court must state why it is of that opinion.

53 Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian

(1) Where an offender aged under 16 is convicted of an offence, for the duty of the court to make a statement in certain circumstances—

(a) if it does not make a parenting order under section 366 in respect of a parent or guardian of the offender, see subsection (3)(b) of that section;

(b) if it—

(i) makes a criminal behaviour order in respect of the offender, and

(ii) does not make a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 in respect of a parent or guardian of the offender,

see section 9(1B) of that Act;

(c) if it does not make an order under section 376 (binding over of parent or guardian), see subsection (4)(b) of that section.

(2) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply to this section.

54 Duty to give reasons where reparation order not made

Where—

(a) a court is dealing with an offender for an offence, and

(b) a reparation order is available,

the court must give reasons if it does not make a reparation order.

55 Duty to give reasons where compensation order not made

Where—

(a) a court is dealing with an offender for an offence, and

(b) a compensation order is available,

the court must give reasons if it does not make a compensation order.

56 Other duties of court to give reasons where certain orders not made

(1) For other duties of the court dealing with an offender for an offence to give reasons, in certain circumstances, for a decision not to make an order, see—

Duty to give reasons	Type of order	Type of offence
Criminal Justice and Police Act 2001
section 33(2)(c)	travel restriction order under section 33	sentence of imprisonment for certain drug-trafficking offences
Animal Welfare Act 2006
section 33(6)	order under section 33 (deprivation)	certain offences under that Act
section 34(8)	order under section 34 (disqualification)	certain offences under that Act
Football Spectators Act 1989
section 14A(3)	banning order under Part 2	relevant offence within the meaning of that Part
Prevention of Social Housing Fraud Act 2013
section 4(4)	unlawful profit order under section 4	offence under section 1 or 2
Modern Slavery Act 2015
section 8(7)(b)	slavery and trafficking reparation order	offence under section 1, 2 or 4

(2) Nothing in this section is to be taken to affect—

(a) any power to make an order mentioned in the table in subsection (1), or

(b) any requirement to give reasons for a decision not to exercise any power to make an order not mentioned in the table.