PART 28SENTENCING PROCEDURES IN SPECIAL CASES

Reasons for not following usual sentencing requirements28.1

1

This rule applies where the court decides—

a

not to follow a relevant sentencing guideline;

b

not to make, where it could—

i

a reparation order (unless it passes a custodial or community sentence),

ii

a compensation order,

iii

a slavery and trafficking reparation order, or

iv

a travel restriction order;

c

not to order, where it could—

i

that a suspended sentence of imprisonment is to take effect,

ii

the endorsement of the defendant’s driving record, or

iii

the defendant’s disqualification from driving, for the usual minimum period or at all;

d

to pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.

2

The court must explain why it has so decided, when it explains the sentence that it has passed.

3

Where paragraph (1)(d) applies, the court must arrange for such an explanation to be given to the defendant and to the prosecutor in writing, if the court thinks that it would not be in the public interest to explain in public.

[Note. See section 174 of the Criminal Justice Act 2003529; section 73(8) of the Powers of Criminal Courts (Sentencing) Act 2000530; section 130(3) of the 2000 Act531; section 8(7) of the Modern Slavery Act 2015532; section 33(2) of the Criminal Justice and Police Act 2001533; paragraph 8(3) of Schedule 12 to the 2003 Act534; section 47(1) of the Road Traffic Offenders Act 1988535; and section 73 of the Serious Organised Crime and Police Act 2005536.

For the duty to explain the sentence the court has passed, see section 174(1) of the 2003 Act and rules 24.11(9) (procedure where a magistrates’ court convicts) and 25.16(7) (procedure where the Crown Court convicts).

Under section 125 of the Coroners and Justice Act 2009537, the court when sentencing must follow any relevant sentencing guideline unless satisfied that to do so would be contrary to the interests of justice.

For the circumstances in which the court may make—

a

a reparation or compensation order, see sections 73538 and 130539 of the 2000 Act;

b

a slavery and trafficking reparation order, see section 8 of the 2015 Act;

c

a travel restriction order against a defendant convicted of drug trafficking, see sections 33 and 34 of the 2001 Act540.]