SECOND GROUP OF PARTS U.K. Provisions applying to sentencing courts generally

PART 2 E+W Powers exercisable before passing sentence

CHAPTER 1 E+W Deferment of sentence

3 Deferment order E+W

(1) In this Code “deferment order” means an order deferring passing sentence on an offender in respect of one or more offences until the date specified in the order, to enable a court, in dealing with the offender, to have regard to—

(a) the offender's conduct after conviction (including, where appropriate, the offender's making reparation for the offence), or

(b) any change in the offender's circumstances.

(2) A deferment order may impose requirements (“deferment requirements”) as to the offender's conduct during the period of deferment.

(3) Deferment requirements may include—

(a) requirements as to the residence of the offender during all or part of the period of deferment;

(b) restorative justice requirements.

Commencement Information

I1 S. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 Availability of deferment order E+W

(1) A deferment order is available to the Crown Court or a magistrates' court in respect of an offence where—

(a) the offender is before the court to be dealt with for the offence, and

(b) no previous deferment order has been made in respect of the offence.

See also section 11(4) (power of Crown Court to make further deferment order where magistrates' court commits offender for sentence).

(2) But a deferment order is not available to a magistrates' court dealing with an offender in respect of an offence for which section 85(1)(a) (compulsory referral conditions) requires the court to make a referral order.

Commencement Information

I2 S. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 Making a deferment order E+W

(1) A court may make a deferment order in respect of an offence only if—

(a) the offender consents,

(b) the offender undertakes to comply with any deferment requirements the court proposes to impose,

(c) if those requirements include a restorative justice requirement, section 7(2) (consent of participants in restorative justice activity) is satisfied, and

(d) the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to make the order.

(2) The date specified under section 3(1) in the order may not be more than 6 months after the date on which the order is made.

(3) A court which makes a deferment order must forthwith give a copy of the order—

(a) to the offender,

(b) if it imposes deferment requirements that include a restorative justice requirement, to every person who would be a participant in the activity concerned (see section 7(1)),

(c) where an officer of a provider of probation services has been appointed to act as a supervisor, to that provider, and

(d) where a person has been appointed under section 8(1)(b) to act as a supervisor, to that person.

(4) A court which makes a deferment order may not on the same occasion remand the offender, notwithstanding any enactment.

Commencement Information

I3 S. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 Effect of deferment order E+W

(1) Where a deferment order has been made in respect of an offence, the court which deals with the offender for the offence may have regard to—

(a) the offender's conduct after conviction, or

(b) any change in the offender's circumstances.

(2) The matters to which the court may have regard in dealing with the offender include, in particular—

(a) where appropriate, the making by the offender of reparation for the offence, and

(b) the extent to which the offender has complied with any deferment requirements.

(3) Subsection (4) applies where—

(a) the court which made a deferment order proposes to deal with the offender on the date specified in the order, or

(b) the offender does not appear on that date.

(4) The court may—

(a) issue a summons requiring the offender to appear before the court at the time and place specified in the summons, or

(b) issue a warrant for the offender's arrest which requires the offender to be brought before the court at the time and place specified in the warrant.

(5) Subsection (6) applies where a magistrates' court makes a deferment order.

(6) In making the order the court is to be regarded as having adjourned the trial under section 10(1) of the Magistrates' Courts Act 1980.

Accordingly, sections 11(1) and 13(1) to (3A) and (5) of that Act (non-appearance of the accused) apply if the offender does not appear on the date specified in the deferment order (but this is without prejudice to subsection (4)).

Commencement Information

I4 S. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 Restorative justice requirements E+W

(1) Any reference in this Chapter to a restorative justice requirement is to a requirement to participate in an activity—

(a) where the participants consist of, or include, the offender and one or more of the victims,

(b) which aims to maximise the offender's awareness of the impact of the offending concerned on the victims, and

(c) which gives an opportunity to a victim or victims to talk about, or by other means express experience of, the offending and its impact.

(2) A restorative justice requirement may not be imposed as a deferment requirement without the consent of every person who would be a participant in the activity.

(3) For the purposes of subsection (2), a supervisor and the offender do not count as proposed participants.

(4) A person running an activity for the purposes of a restorative justice requirement must have regard to any guidance issued from time to time by the Secretary of State with a view to encouraging good practice in connection with such an activity.

(5) In this section “victim” means a victim of, or other person affected by, the offending concerned.

Commencement Information

I5 S. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 Deferment order: supervisor E+W

Appointment of supervisor

(1) Where a court makes a deferment order that imposes deferment requirements, it may appoint—

(a) an officer of a provider of probation services, or

(b) any other person the court thinks appropriate who consents to the appointment,

to act as a supervisor in relation to the offender.

Function of supervisor

(2) A supervisor must—

(a) monitor the offender's compliance with the deferment requirements, and

(b) provide the court which deals with the offender for any offence in respect of which the order was made with such information as the court may require relating to the offender's compliance with the deferment requirements.

Supervisor appointed under subsection (1)(b): power of magistrates' court to issue summons

(3) Where—

(a) a deferment order imposes deferment requirements,

(b) it falls to a magistrates' court to—

(i) deal with the offender for any offence in respect of which the order was made, or

(ii) determine under section 9(3)(b) whether the offender has failed to comply with a deferment requirement, and

(c) a justice of the peace is satisfied that a supervisor appointed under subsection (1)(b)—

(i) is likely to be able to give evidence that may assist the court in doing so, and

(ii) will not voluntarily attend as a witness,

the justice may issue a summons directed to that supervisor requiring the supervisor to attend before the court at the time and place appointed in the summons to give evidence.

Commencement Information

I6 S. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 Failure to comply with deferment requirement E+W

(1) This section applies where—

(a) a court has made a deferment order that imposes deferment requirements, and

(b) a supervisor has reported to the court that the offender has failed to comply with one or more of the deferment requirements.

(2) The court may issue—

(a) a summons requiring the offender to appear before it at the time and place specified in the summons, or

(b) a warrant for the offender's arrest which requires the offender to be brought before it at the time and place specified in the warrant.

(3) The court may deal with the offender for the offence in respect of which the order was made before the end of the period of deferment if—

(a) the offender appears or is brought before the court under subsection (2), and

(b) the court is satisfied that the offender has failed to comply with one or more of the deferment requirements.

For the powers of the court in dealing with the offender under this subsection, see section 11.

Commencement Information

I7 S. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 Conviction of offence during period of deferment E+W

(1) This section applies where a court has made a deferment order in respect of an offence.

Power of court which made deferment order

(2) The court which made the order (“the original court”) may deal with the offender for the offence in respect of which the deferment order was made before the end of the period of deferment if during that period the offender is convicted in Great Britain of any offence.

For the powers of the original court in dealing with the offender under this subsection, see section 11.

(3) Where the original court proposes to deal with the offender by virtue of subsection (2) before the end of the period of deferment, it may issue—

(a) a summons requiring the offender to appear before the court at the time and place specified in the summons, or

(b) a warrant for the arrest of the offender, requiring the offender to be brought before the court at the time and place specified in the warrant.

Power of court which sentences offender for later offence

(4) Subsection (5) applies where during the period of deferment the offender is convicted in England and Wales of any offence (“the later offence”).

This is subject to subsection (6).

(5) The court which passes sentence on the offender for the later offence may also deal with the offender for the offence or offences in respect of which the deferment order was made (if this has not already been done).

For the powers of the court in dealing with the offender under this subsection, see section 11.

(6) Subsection (5) does not apply where—

(a) the deferment order was made by the Crown Court, and

(b) the court which passes sentence on the offender for the later offence is a magistrates' court.

(7) Subsection (5)—

(a) is without prejudice to subsection (2), and

(b) applies whether or not the offender is sentenced for the later offence during the period of deferment.

Commencement Information

I8 S. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 Powers of court dealing with offender following deferment order E+W

(1) Subsection (2) applies where an offender who is subject to a deferment order is being dealt with for any offence in respect of which the order was made—

(a) by the court which made the order (“the original court”)—

(i) at the end of the period of deferment, in accordance with the deferment order,

(ii) under section 9(3) (failure to comply with deferment requirement), or

(iii) under section 10(2) (original court dealing with offender following conviction during period of deferment), or

(b) by any court under section 10(5) (conviction during period of deferment: convicting court dealing with offender).

(2) The court may deal with the offender for the offence in any way in which the original court could have dealt with the offender for the offence if it had not made a deferment order.

(3) Where a magistrates' court is dealing with the offender, its power under that subsection includes, in particular, the power in section 14 to commit the offender to the Crown Court for sentence.

(4) Where a magistrates' court deals with the offender by committing the offender to the Crown Court under section 14, the power of the Crown Court to deal with the offender includes the same power to make a deferment order as if the offender had just been convicted of the offence on indictment before it.

Commencement Information

I9 S. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 Saving for power to bind over and other powers to defer sentence E+W

Nothing in this Chapter affects—

(a) the power of the Crown Court to bind over an offender to come up for judgment when called upon, or

(b) any other power of a court to defer passing sentence.

Commencement Information

I10 S. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13 Deferment orders: interpretation E+W

(1) In this Chapter—

• “deferment requirement” has the meaning given by section 3(2);

• “period of deferment”, in relation to a deferment order, means the period from the date on which the deferment order is made until the date specified in the order under section 3(1);

• “restorative justice requirement” has the meaning given by section 7;

• “supervisor”, in relation to a deferment order, means a person appointed under section 8(1).

(2) In relation to a deferment order made by a magistrates' court, any reference in this Chapter to the court which made the order includes a reference to any magistrates' court acting in the same local justice area as that court.

Commencement Information

I11 S. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2