FIFTH GROUP OF PARTS U.K.Sentencing: miscellaneous provision and interpretation

PART 13 E+WInterpretation

397 Interpretation: general E+W

(1) In this Code, except where the contrary intention appears—

• “accommodation provided by or on behalf of a local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act);

• “the appropriate officer of the court” means, in relation to a magistrates' court, the designated officer for the court;

• “associated”, in relation to offences, is to be read in accordance with section 400;

• “attendance centre” has the meaning given by section 221 of the Criminal Justice Act 2003;

• “community order” means an order under section 200;

• “community order requirement” is to be read in accordance with section 200(2);

• “community requirement”, in relation to a suspended sentence order, has the meaning given by section 286(7);

• “community sentence” means a sentence which consists of or includes—

  (a)

  a community order, or

  (b)

  a youth rehabilitation order;

• “compensation order” has the meaning given by section 133;

• “court” does not include a service court;

• “criminal behaviour order” has the meaning given by section 330;

• “criminal courts charge order” has the meaning given by section 46(3);

• “custodial sentence” has the meaning given by section 222;

• “detention and training order” has the meaning given by section 233;

• “electronic compliance monitoring requirement” has the meaning given by paragraph 29 of Schedule 9;

• “electronic monitoring requirement”, in relation to a community order or suspended sentence order, means—

  (a)

  an electronic compliance monitoring requirement, or

  (b)

  an electronic whereabouts monitoring requirement;

• “electronic whereabouts monitoring requirement” has the meaning given by paragraph 30 of Schedule 9;

• “end date”, in relation to a community order, means the date for the time being specified in the order under—

  (a)

  section 209 (community order to specify end date),

  (b)

  paragraph 13(1)(b) of Schedule 10 (power to substitute later end date on breach), or

  (c)

  paragraph 20(1) of that Schedule (power to amend order to substitute later end date);

• “extended sentence” means a sentence under—

  (a)

  section 254 (extended custodial sentence for persons aged under 18),

  (b)

  section 266 (extended sentence of detention in a young offender institution for adults aged under 21), or

  (c)

  section 279 (extended sentence of imprisonment);

• “guardian” has the same meaning as in the Children and Young Persons Act 1933 (see section 107(1) of that Act);

• “home local justice area” means—

  (a)

  in relation to a community order, the local justice area specified in the order under section 210 or paragraph 16 or 17 of Schedule 10;

  (b)

  in relation to a suspended sentence order which imposes one or more community requirements, the local justice area specified in the order under section 296 or paragraph 23 or 24 of Schedule 16;

• “imprisonable offence” means an offence that is punishable with imprisonment in a court (even if the offence in question is not so punishable by the court dealing with the offender for it);

• “local authority foster parent” has the same meaning as in the Children Act 1989 (see section 105(1) of that Act);

• “order for absolute discharge” has the meaning given by section 79;

• “order for conditional discharge” has the meaning given by section 80;

• “place of safety” has the same meaning as in the Children and Young Persons Act 1933 (see section 107(1) of that Act);

• “pre-sentence report” has the meaning given by section 31;

• “probation trust” means a trust established under section 5 of the Offender Management Act 2007;

• “referral order” has the meaning given by section 83;

• “relevant order” means—

  (a)

  a community order, or

  (b)

  a suspended sentence order which imposes one or more community requirements;

• “reparation order” has the meaning given by section 109(1);

• “the responsible officer”—

  (a)

  in relation to a community order, has the meaning given by section 213;

  (b)

  in relation to a suspended sentence order which imposes one or more community requirements, has the meaning given by section 299;

• “restraining order” has the meaning given by section 359;

• “sentence of imprisonment” does not include a committal—

  (a)

  in default of payment of any sum of money,

  (b)

  for want of sufficient distress to satisfy any sum of money, or

  (c)

  for failure to do or abstain from doing anything required to be done or left undone,

  and references to sentencing an offender to imprisonment are to be read accordingly;

• “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;

• [F1 “serious terrorism sentence” means a sentence under—

  (a)

  section 268A (serious terrorism sentence of detention in young offender institution for adults aged under 21), or

  (b)

  section 282A (serious terrorism sentence of imprisonment);]

• “service court” means—

  (a)

  the Court Martial,

  (b)

  the Summary Appeal Court,

  (c)

  the Service Civilian Court,

  (d)

  the Court Martial Appeal Court, or

  (e)

  the Supreme Court on an appeal from the Court Martial Appeal Court;

• “sexual harm prevention order” has the meaning given by section 343(1);

• “specified offence” has the meaning given by section 306;

• “suspended sentence” and “suspended sentence order” have the meanings given by section 286(6);

• “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998;

• “youth rehabilitation order” has the meaning given by section 173;

• “youth rehabilitation order with fostering” has the meaning given by section 176;

• “youth rehabilitation order with intensive supervision and surveillance” has the meaning given by section 175.

(2) Any reference in this Code to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

(3) A reference in this Code to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (within the meaning given by 50(3) of Schedule 12 to that Act).

(4) A reference in this Code to an offender who is subject to a detention and training order being released for supervision is to be read in accordance with section 248(5).

[F2 (5) For the purposes of this Code, proceedings are instituted when they are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985 (see section 15(2) of that Act).]

Textual Amendments

F1 Words in s. 397(1) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(17)

F2 S. 397(5) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 3

Modifications etc. (not altering text)

C1 S. 397(1) applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 S. 397 in force at 1.12.2020 by S.I. 2020/1236, reg. 2