Criminal Justice Act 2003 (c. 44)

(The document as of February, 2008)

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(8) Where the Council has prepared or revised any sentencing guidelines or allocation guidelines, it must--

(a) publish them as draft guidelines, and

(b) consult about the draft guidelines--

(i) the Secretary of State,

(ii) such persons as the Lord Chancellor, after consultation with the Secretary of State, may direct, and

(iii) such other persons as the Council considers appropriate.

(9) The Council may, after making any amendment of the draft guidelines which it considers appropriate, issue the guidelines as definitive guidelines.

171 Functions of Sentencing Advisory Panel in relation to guidelines

(1) Where the Council decides to frame or revise any sentencing guidelines or allocation guidelines, otherwise than in response to a proposal from the Panel under subsection (2), the Council must notify the Panel.

(2) The Panel may at any time propose to the Council--

(a) that sentencing guidelines be framed or revised by the Council--

(i) in respect of offences or offenders of a particular category, or

(ii) in respect of a particular matter affecting sentencing, or

(b) that allocation guidelines be framed or revised by the Council.

(3) Where the Panel receives a notification under subsection (1) or makes a proposal under subsection (2), the Panel must--

(a) obtain and consider the views on the matters in issue of such persons or bodies as may be determined, after consultation with the Secretary of State and the Lord Chancellor, by the Council, and

(b) formulate its own views on those matters and communicate them to the Council.

(4) Paragraph (a) of subsection (3) does not apply where the Council notifies the Panel of the Council's view that the urgency of the case makes it impracticable for the Panel to comply with that paragraph.

172 Duty of court to have regard to sentencing guidelines

(1) Every court must--

(a) in sentencing an offender, have regard to any guidelines which are relevant to the offender's case, and

(b) in exercising any other function relating to the sentencing of offenders, have regard to any guidelines which are relevant to the exercise of the function.

(2) In subsection (1) "guidelines" means sentencing guidelines issued by the Council under section 170(9) as definitive guidelines, as revised by subsequent guidelines so issued.

173 Annual report by Council

(1) The Council must as soon as practicable after the end of each financial year make to the Ministers a report on the exercise of the Council's functions during the year.

(2) If section 167 comes into force after the beginning of a financial year, the first report may relate to a period beginning with the day on which that section comes into force and ending with the end of the next financial year.

(3) The Ministers must lay a copy of the report before each House of Parliament.

(4) The Council must publish the report once the copy has been so laid.

(5) In this section--

"financial year" means a period of 12 months ending with 31st March;
"the Ministers" means the Secretary of State and the Lord Chancellor.

Duty of court to explain sentence

174 Duty to give reasons for, and explain effect of, sentence

(1) Subject to subsections (3) and (4), any court passing sentence on an offender--

(a) must state in open court, in ordinary language and in general terms, its reasons for deciding on the sentence passed, and

(b) must explain to the offender in ordinary language--

(i) the effect of the sentence,

(ii) where the offender is required to comply with any order of the court forming part of the sentence, the effects of non-compliance with the order,

(iii) any power of the court, on the application of the offender or any other person, to vary or review any order of the court forming part of the sentence, and

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

(2) In complying with subsection (1)(a), the court must--

(a) where guidelines indicate that a sentence of a particular kind, or within a particular range, would normally be appropriate for the offence and the sentence is of a different kind, or is outside that range, state the court's reasons for deciding on a sentence of a different kind or outside that range,

(b) where the sentence is a custodial sentence and the duty in subsection (2) of section 152 is not excluded by subsection (1)(a) or (b) or (3) of that section, state that it is of the opinion referred to in section 152(2) and why it is of that opinion,

(c) where the sentence is a community sentence and the case does not fall within section 151(2), state that it is of the opinion that section 148(1) applies and why it is of that opinion,

(d) where as a result of taking into account any matter referred to in section 144(1), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, state that fact, and

(e) in any case, mention any aggravating or mitigating factors which the court has regarded as being of particular importance.

(3) Subsection (1)(a) does not apply--

(a) to an offence the sentence for which is fixed by law (provision relating to sentencing for such an offence being made by section 270), or

(b) to an offence the sentence for which falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27) or under subsection (2) of section 110 or 111 of the Sentencing Act (required custodial sentences).

(4) The Secretary of State may by order--

(a) prescribe cases in which subsection (1)(a) or (b) does not apply, and

(b) prescribe cases in which the statement referred to in subsection (1)(a) or the explanation referred to in subsection (1)(b) may be made in the absence of the offender, or may be provided in written form.

(5) Where a magistrates' court passes a custodial sentence, it must cause any reason stated by virtue of subsection (2)(b) to be specified in the warrant of commitment and entered on the register.

(6) In this section--

"guidelines" has the same meaning as in section 172;
"the register" has the meaning given by section 163 of the Sentencing Act.

Publication of information by Secretary of State

175 Duty to publish information about sentencing

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; " .

Interpretation of Chapter

176 Interpretation of Chapter 1

In this Chapter--

"allocation guidelines" has the meaning given by section 170(1)(b);
"the Council" means the Sentencing Guidelines Council;
"the Panel" means the Sentencing Advisory Panel;
"sentence" and "sentencing" are to be read in accordance with section 142(3);
"sentencing guidelines" has the meaning given by section 170(1)(a);
"youth community order" has the meaning given by section 147(2).

Chapter 2 Community orders: offenders aged 16 or over

177 Community orders

(1) Where a person aged 16 or over is convicted of an offence, the court by or before which he is convicted may make an order (in this Part referred to as a "community order") imposing on him any one or more of the following requirements--

(a) an unpaid work requirement (as defined by section 199),

(b) an activity requirement (as defined by section 201),

(d) a prohibited activity requirement (as defined by section 203),

(e) a curfew requirement (as defined by section 204),

(f) an exclusion requirement (as defined by section 205),

(g) a residence requirement (as defined by section 206),

(h) a mental health treatment requirement (as defined by section 207),

(i) a drug rehabilitation requirement (as defined by section 209),

(j) an alcohol treatment requirement (as defined by section 212),

(k) a supervision requirement (as defined by section 213), and

(l) in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214).

(2) Subsection (1) has effect subject to sections 150 and 218 and to the following provisions of Chapter 4 relating to particular requirements--

(a) section 199(3) (unpaid work requirement),

(b) section 201(3) and (4) (activity requirement),

(d) section 203(2) (prohibited activity requirement),

(e) section 207(3) (mental health treatment requirement),

(f) section 209(2) (drug rehabilitation requirement), and

(g) section 212(2) and (3) (alcohol treatment requirement).

(3) Where the court makes a community order imposing a curfew requirement or an exclusion requirement, the court must also impose an electronic monitoring requirement (as defined by section 215) unless--

(a) it is prevented from doing so by section 215(2) or 218(4), or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.

(4) Where the court makes a community order imposing an unpaid work requirement, an activity requirement, a programme requirement, a prohibited activity requirement, a residence requirement, a mental health treatment requirement, a drug rehabilitation requirement, an alcohol treatment requirement, a supervision requirement or an attendance centre requirement, the court may also impose an electronic monitoring requirement unless prevented from doing so by section 215(2) or 218(4).

(5) A community order must specify a date, not more than three years after the date of the order, by which all the requirements in it must have been complied with; and a community order which imposes two or more different requirements falling within subsection (1) may also specify an earlier date or dates in relation to compliance with any one or more of them.

(6) Before making a community order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.

178 Power to provide for court review of community orders

(1) The Secretary of State may by order--

(a) enable or require a court making a community order to provide for the community order to be reviewed periodically by that or another court,

(b) enable a court to amend a community order so as to include or remove a provision for review by a court, and

(2) An order under this section may, in particular, make provision in relation to community orders corresponding to any provision made by sections 191 and 192 in relation to suspended sentence orders.

(3) An order under this section may repeal or amend any provision of this Part.

179 Breach, revocation or amendment of community order

Schedule 8 (which relates to failures to comply with the requirements of community orders and to the revocation or amendment of such orders) shall have effect.

180 Transfer of community orders to Scotland or Northern Ireland

Schedule 9 (transfer of community orders to Scotland or Northern Ireland) shall have effect.

Chapter 3 Prison sentences of less than 12 months

Prison sentences of less than twelve months

181 Prison sentences of less than 12 months

(1) Any power of a court to impose a sentence of imprisonment for a term of less than 12 months on an offender may be exercised only in accordance with the following provisions of this section unless the court makes an intermittent custody order (as defined by section 183).

(2) The term of the sentence--

(a) must be expressed in weeks,

(b) must be at least 28 weeks,

(d) must not exceed the maximum term permitted for the offence.

(3) The court, when passing sentence, must--

(a) specify a period (in this Chapter referred to as "the custodial period") at the end of which the offender is to be released on a licence, and

(b) by order require the licence to be granted subject to conditions requiring the offender's compliance during the remainder of the term (in this Chapter referred to as "the licence period") or any part of it with one or more requirements falling within section 182(1) and specified in the order.

(4) In this Part "custody plus order" means an order under subsection (3)(b).

(5) The custodial period--

(a) must be at least 2 weeks, and

(b) in respect of any one offence, must not be more than 13 weeks.

(6) In determining the term of the sentence and the length of the custodial period, the court must ensure that the licence period is at least 26 weeks in length.

(7) Where a court imposes two or more terms of imprisonment in accordance with this section to be served consecutively--

(a) the aggregate length of the terms of imprisonment must not be more than 65 weeks, and

(b) the aggregate length of the custodial periods must not be more than 26 weeks.

(8) A custody plus order which specifies two or more requirements may, in relation to any requirement, refer to compliance within such part of the licence period as is specified in the order.

(9) Subsection (3)(b) does not apply where the sentence is a suspended sentence.

182 Licence conditions

(1) The requirements falling within this subsection are--

(a) an unpaid work requirement (as defined by section 199),

(b) an activity requirement (as defined by section 201),

(d) a prohibited activity requirement (as defined by section 203),

(e) a curfew requirement (as defined by section 204),

(f) an exclusion requirement (as defined by section 205),

(g) a supervision requirement (as defined by section 213), and

(h) in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214).

(2) The power under section 181(3)(b) to determine the conditions of the licence has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements--

(a) section 199(3) (unpaid work requirement),

(b) section 201(3) and (4) (activity requirement),

(d) section 203(2) (prohibited activity requirement).

(3) Where the court makes a custody plus order requiring a licence to contain a curfew requirement or an exclusion requirement, the court must also require the licence to contain an electronic monitoring requirement (as defined by section 215) unless--

(a) the court is prevented from doing so by section 215(2) or 218(4), or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.

(4) Where the court makes a custody plus order requiring a licence to contain an unpaid work requirement, an activity requirement, a programme requirement, a prohibited activity requirement, a supervision requirement or an attendance centre requirement, the court may also require the licence to contain an electronic monitoring requirement unless the court is prevented from doing so by section 215(2) or 218(4).

(5) Before making a custody plus order requiring a licence to contain two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.

Intermittent custody

183 Intermittent custody

(1) A court may, when passing a sentence of imprisonment for a term complying with subsection (4)--

(a) specify the number of days that the offender must serve in prison under the sentence before being released on licence for the remainder of the term, and

(b) by order--

(i) specify periods during which the offender is to be released temporarily on licence before he has served that number of days in prison, and

(ii) require any licence to be granted subject to conditions requiring the offender's compliance during the licence periods with one or more requirements falling within section 182(1) and specified in the order.

(2) In this Part "intermittent custody order" means an order under subsection (1)(b).

(3) In this Chapter--

"licence period", in relation to a term of imprisonment to which an intermittent custody order relates, means any period during which the offender is released on licence by virtue of subsection (1)(a) or (b)(i);
"the number of custodial days", in relation to a term of imprisonment to which an intermittent custody order relates, means the number of days specified under subsection (1)(a).

(4) The term of the sentence--

(a) must be expressed in weeks,

(b) must be at least 28 weeks,

(d) must not exceed the maximum term permitted for the offence.

(5) The number of custodial days--

(a) must be at least 14, and

(b) in respect of any one offence, must not be more than 90.

(6) A court may not exercise its powers under subsection (1) unless the offender has expressed his willingness to serve the custodial part of the proposed sentence intermittently, during the parts of the sentence that are not to be licence periods.

(7) Where a court exercises its powers under subsection (1) in respect of two or more terms of imprisonment that are to be served consecutively--

(a) the aggregate length of the terms of imprisonment must not be more than 65 weeks, and

(b) the aggregate of the numbers of custodial days must not be more than 180.

(8) The Secretary of State may by order require a court, in specifying licence periods under subsection (1)(b)(i), to specify only--

(a) periods of a prescribed duration,

(b) periods beginning or ending at prescribed times, or

(9) An intermittent custody order which specifies two or more requirements may, in relation to any requirement, refer to compliance within such licence period or periods, or part of a licence period, as is specified in the order.

184 Restrictions on power to make intermittent custody order

(1) A court may not make an intermittent custody order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the intermittent custody order and the notice has not been withdrawn.

(2) The court may not make an intermittent custody order in respect of any offender unless--

(a) it has consulted an officer of a local probation board,

(b) it has received from the Secretary of State notification that suitable prison accommodation is available for the offender during the custodial periods, and

(c) it appears to the court that the offender will have suitable accommodation available to him during the licence periods.

(3) In this section "custodial period", in relation to a sentence to which an intermittent custody order relates, means any part of the sentence that is not a licence period.

185 Intermittent custody: licence conditions

(1) Section 183(1)(b) has effect subject to section 218 and to the following provisions of Chapter 4 limiting the power to require the licence to contain particular requirements--

(a) section 199(3) (unpaid work requirement),

(b) section 201(3) and (4) (activity requirement),

(d) section 203(2) (prohibited activity requirement).

(2) Subsections (3) to (5) of section 182 have effect in relation to an intermittent custody order as they have effect in relation to a custody plus order.

186 Further provisions relating to intermittent custody

(1) Section 21 of the 1952 Act (expenses of conveyance to prison) does not apply in relation to the conveyance to prison at the end of any licence period of an offender to whom an intermittent custody order relates.

(2) The Secretary of State may pay to any offender to whom an intermittent custody order relates the whole or part of any expenses incurred by the offender in travelling to and from prison during licence periods.

(3) In section 49 of the 1952 Act (persons unlawfully at large) after subsection (4) there is inserted--

" (4A) For the purposes of this section a person shall also be deemed to be unlawfully at large if, having been temporarily released in pursuance of an intermittent custody order made under section 183 of the Criminal Justice Act 2003, he remains at large at a time when, by reason of the expiry of the period for which he was temporarily released, he is liable to be detained in pursuance of his sentence. "

(4) In section 23 of the Criminal Justice Act 1961 (c. 39) (prison rules), in subsection (3) for "The days" there is substituted "Subject to subsection (3A), the days" and after subsection (3) there is inserted--

" (3A) In relation to a prisoner to whom an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates, the only days to which subsection (3) applies are Christmas Day, Good Friday and any day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales. "

(5) In section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16) (remaining at large after temporary release) after subsection (1) there is inserted--

" (1A) A person who has been temporarily released in pursuance of an intermittent custody order made under section 183 of the Criminal Justice Act 2003 is guilty of an offence if, without reasonable excuse, he remains unlawfully at large at any time after becoming so at large by virtue of the expiry of the period for which he was temporarily released. "

(6) In this section "the 1952 Act" means the Prison Act 1952 (c. 52).

Further provision about custody plus orders and intermittent custody orders

187 Revocation or amendment of order

Schedule 10 (which contains provisions relating to the revocation or amendment of custody plus orders and the amendment of intermittent custody orders) shall have effect.

188 Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland

Schedule 11 (transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) shall have effect.

Suspended sentences

189 Suspended sentences of imprisonment

(1) A court which passes a sentence of imprisonment for a term of at least 28 weeks but not more than 51 weeks in accordance with section 181 may--

(a) order the offender to comply during a period specified for the purposes of this paragraph in the order (in this Chapter referred to as "the supervision period") with one or more requirements falling within section 190(1) and specified in the order, and

(b) order that the sentence of imprisonment is not to take effect unless either--

(i) during the supervision period the offender fails to comply with a requirement imposed under paragraph (a), or

(ii) during a period specified in the order for the purposes of this sub-paragraph (in this Chapter referred to as "the operational period") the offender commits in the United Kingdom another offence (whether or not punishable with imprisonment),

and (in either case) a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.

(2) Where two or more sentences imposed on the same occasion are to be served consecutively, the power conferred by subsection (1) is not exercisable in relation to any of them unless the aggregate of the terms of the sentences does not exceed 65 weeks.

(3) The supervision period and the operational period must each be a period of not less than six months and not more than two years beginning with the date of the order.

(4) The supervision period must not end later than the operational period.

(5) A court which passes a suspended sentence on any person for an offence may not impose a community sentence in his case in respect of that offence or any other offence of which he is convicted by or before the court or for which he is dealt with by the court.

(6) Subject to any provision to the contrary contained in the Criminal Justice Act 1967 (c. 80), the Sentencing Act or any other enactment passed or instrument made under any enactment after 31st December 1967, a suspended sentence which has not taken effect under paragraph 8 of Schedule 12 is to be treated as a sentence of imprisonment for the purposes of all enactments and instruments made under enactments.

(7) In this Part--

(a) "suspended sentence order" means an order under subsection (1),

(b) "suspended sentence" means a sentence to which a suspended sentence order relates, and

(c) "community requirement", in relation to a suspended sentence order, means a requirement imposed under subsection (1)(a).

190 Imposition of requirements by suspended sentence order

(1) The requirements falling within this subsection are--

(a) an unpaid work requirement (as defined by section 199),

(b) an activity requirement (as defined by section 201),

(d) a prohibited activity requirement (as defined by section 203),

(e) a curfew requirement (as defined by section 204),

(f) an exclusion requirement (as defined by section 205),

(g) a residence requirement (as defined by section 206),

(h) a mental health treatment requirement (as defined by section 207),

(i) a drug rehabilitation requirement (as defined by section 209),

(j) an alcohol treatment requirement (as defined by section 212),

(k) a supervision requirement (as defined by section 213), and

(l) in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214).

(2) Section 189(1)(a) has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements--

(a) section 199(3) (unpaid work requirement),

(b) section 201(3) and (4) (activity requirement),

(d) section 203(2) (prohibited activity requirement),

(e) section 207(3) (mental health treatment requirement),

(f) section 209(2) (drug rehabilitation requirement), and

(g) section 212(2) and (3) (alcohol treatment requirement).

(3) Where the court makes a suspended sentence order imposing a curfew requirement or an exclusion requirement, it must also impose an electronic monitoring requirement (as defined by section 215) unless--

(a) the court is prevented from doing so by section 215(2) or 218(4), or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.

(4) Where the court makes a suspended sentence order imposing an unpaid work requirement, an activity requirement, a programme requirement, a prohibited activity requirement, a residence requirement, a mental health treatment requirement, a drug rehabilitation requirement, an alcohol treatment requirement, a supervision requirement or an attendance centre requirement, the court may also impose an electronic monitoring requirement unless the court is prevented from doing so by section 215(2) or 218(4).

(5) Before making a suspended sentence order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.

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