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(1) This section applies where a court which proposes to impose a custodial sentence for a sexual or violent offence considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of preventing the commission by him of further offences and securing his rehabilitation.
(2) Subject to subsections (3) to (5) below, the court may pass on the offender an extended sentence, that is to say, a custodial sentence the term of which is equal to the aggregate of—
(a) the term of the custodial sentence that the court would have imposed if it had passed a custodial sentence otherwise than under this section (“the custodial term”); and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose mentioned in subsection (1) above.
(3) Where the offence is a violent offence, the court shall not pass an extended sentence the custodial term of which is less than four years.
(4) The extension period shall not exceed—
(a) ten years in the case of a sexual offence; and
(b) five years in the case of a violent offence.
(5) The term of an extended sentence passed in respect of an offence shall not exceed the maximum term permitted for that offence.
(6) Subsection (2) of section 2 of the 1991 Act (length of custodial sentences) shall apply as if the term of an extended sentence did not include the extension period.
(7) The Secretary of State may by order amend paragraph (b) of subsection (4) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph.
(8) In this section—
“licence” means a licence under Part II of the 1991 Act;
“sexual offence” and “violent offence” have the same meanings as in Part I of that Act.
For section 44 of the 1991 Act there shall be substituted the following section—
(1) This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998.
(2) Subject to the provisions of this section and section 51(2D) below, this Part, except sections 40 and 40A, shall have effect as if the term of the extended sentence did not include the extension period.
(3) Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
(4) Where, apart from this subsection, the prisoner would be released unconditionally—
(a) he shall be released on licence; and
(b) the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
(5) The extension period shall be taken to begin as follows—
(a) for the purposes of subsection (3) above, on the date given by section 37(1) above;
(b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.
(6) Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.
(7) For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.
(8) In this section “extension period” has the same meaning as in section 58 of the Crime and Disorder Act 1998.”
After section 44 of the 1991 Act there shall be inserted the following section—
(1) This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998 who is recalled to prison under section 39(1) or (2) above.
(2) Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.
(3) Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.
(4) On a reference—
(a) under this section; or
(b) under section 39(4) above,
the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).
(5) If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.”
(1) This section applies where a person aged 16 or over is convicted of an offence other than one for which the sentence—
(a) is fixed by law; or
(b) falls to be imposed under section 2(2), 3(2) or 4(2) of the 1997 Act.
(2) Subject to the provisions of this section, the court by or before which the offender is convicted may make an order (a “drug treatment and testing order”) which—
(a) has effect for a period specified in the order of not less than six months nor more than three years (“the treatment and testing period”); and
(b) includes the requirements and provisions mentioned in section 62 below.
(3) A court shall not make a drug treatment and testing 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 order and the notice has not been withdrawn.
(4) A drug treatment and testing order shall be a community order for the purposes of Part I of the 1991 Act; and the provisions of that Part, which include provisions with respect to restrictions on imposing, and procedural requirements for, community sentences (sections 6 and 7), shall apply accordingly.
(5) The court shall not make a drug treatment and testing order in respect of the offender unless it is satisfied—
(a) that he is dependent on or has a propensity to misuse drugs; and
(b) that his dependency or propensity is such as requires and may be susceptible to treatment.
(6) For the purpose of ascertaining for the purposes of subsection (5) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify; but the court shall not make such an order unless the offender expresses his willingness to comply with its requirements.
(7) The Secretary of State may by order amend subsection (2) above by substituting a different period for the minimum or maximum period for the time being specified in that subsection.
(1) A drug treatment and testing order shall include a requirement (“the treatment requirement”) that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.
(2) The required treatment for any particular period shall be—
(a) treatment as a resident in such institution or place as may be specified in the order; or
(b) treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.
(3) A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).
(4) A drug treatment and testing order shall include a requirement (“the testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined.
(5) The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.
(6) A drug treatment and testing order shall include a provision specifying the petty sessions area in which it appears to the court making the order that the offender resides or will reside.
(7) A drug treatment and testing order shall—
(a) provide that, for the treatment and testing period, the offender shall be under the supervision of a responsible officer, that is to say, a probation officer appointed for or assigned to the petty sessions area specified in the order;
(b) require the offender to keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and
(c) provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the responsible officer.
(8) Supervision by the responsible officer shall be carried out to such extent only as may be necessary for the purpose of enabling him—
(a) to report on the offender’s progress to the court responsible for the order;
(b) to report to that court any failure by the offender to comply with the requirements of the order; and
(c) to determine whether the circumstances are such that he should apply to that court for the revocation or amendment of the order.
(9) In this section and sections 63 and 64 below, references to the court responsible for a drug treatment and testing order are references to—
(a) the court by which the order is made; or
(b) where another court is specified in the order in accordance with subsection (10) below, that court.
(10) Where the area specified in a drug treatment and testing order made by a magistrates' court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (9) above a magistrates' court which acts for that area.
(1) A drug treatment and testing order shall—
(a) provide for the order to be reviewed periodically at intervals of not less than one month;
(b) provide for each review of the order to be made, subject to subsection (7) below, at a hearing held for the purpose by the court responsible for the order (a “review hearing”);
(c) require the offender to attend each review hearing;
(d) provide for the responsible officer to make to the court, before each review, a report in writing on the offender’s progress under the order; and
(e) provide for each such report to include the test results communicated to the responsible officer under section 62(7)(c) above and the views of the treatment provider as to the treatment and testing of the offender.
(2) At a review hearing the court, after considering the responsible officer’s report, may amend any requirement or provision of the order.
(3) The court—
(a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended;
(b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) above, or to increase it above the maximum so specified; and
(c) except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending.
(4) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—
(a) revoke the order; and
(b) deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.
(5) In dealing with the offender under subsection (4)(b) above, the court—
(a) shall take into account the extent to which the offender has complied with the requirements of the order; and
(b) may impose a custodial sentence notwithstanding anything in section 1(2) of the 1991 Act.
(6) Where the order was made by a magistrates' court in the case of an offender under the age of 18 years in respect of an offence triable only on indictment in the case of an adult, the court’s power under subsection (4)(b) above shall be a power to do either or both of the following, namely—
(a) to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;
(b) to deal with the offender for that offence in any way in which it could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months;
and the reference in paragraph (b) above to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.
(7) If at a review hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.
(8) If at a review without a hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
(9) At that hearing the court, after considering that report, may—
(a) exercise the powers conferred by this section as if the hearing were a review hearing; and
(b) so amend the order as to provide for each subsequent review to be made at a review hearing.
(10) In this section any reference to the court, in relation to a review without a hearing, shall be construed—
(a) in the case of the Crown Court, as a reference to a judge of the court;
(b) in the case of a magistrates' court, as a reference to a justice of the peace acting for the commission area for which the court acts.
(1) Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language—
(a) the effect of the order and of the requirements proposed to be included in it;
(b) the consequences which may follow (under Schedule 2 to the 1991 Act) if he fails to comply with any of those requirements;
(c) that the order may be reviewed (under that Schedule) on the application either of the offender or of the responsible officer; and
(d) that the order will be periodically reviewed at intervals as provided for in the order (by virtue of section 63 above);
and the court shall not make the order unless the offender expresses his willingness to comply with its requirements.
(2) Where, in the case of a drug treatment and testing order made by a magistrates' court, another magistrates' court is responsible for the order, the court making the order shall forthwith send copies of the order to the other court.
(3) Where a drug treatment and testing order is made or amended under section 63(2) above, the court responsible for the order shall forthwith or, in a case falling within subsection (2) above, as soon as reasonably practicable give copies of the order, or the order as amended, to a probation officer assigned to the court, and he shall give a copy—
(a) to the offender;
(b) to the treatment provider; and
(c) to the responsible officer.
(4) Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of sections 62 and 63 above it shall be deemed to have been made by the Crown Court.
(5) Schedule 2 to the 1991 Act (enforcement etc. of community orders) shall have effect subject to the amendments specified in Schedule 4 to this Act, being amendments for applying that Schedule to drug treatment and testing orders.
(1) Subsections (2) to (5) below apply where—
(a) a constable has evidence that a child or young person (“the offender”) has committed an offence;
(b) the constable considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted;
(c) the offender admits to the constable that he committed the offence;
(d) the offender has not previously been convicted of an offence; and
(e) the constable is satisfied that it would not be in the public interest for the offender to be prosecuted.
(2) Subject to subsection (4) below, the constable may reprimand the offender if the offender has not previously been reprimanded or warned.
(3) The constable may warn the offender if—
(a) the offender has not previously been warned; or
(b) where the offender has previously been warned, the offence was committed more than two years after the date of the previous warning and the constable considers the offence to be not so serious as to require a charge to be brought;
but no person may be warned under paragraph (b) above more than once.
(4) Where the offender has not been previously reprimanded, the constable shall warn rather than reprimand the offender if he considers the offence to be so serious as to require a warning.
(5) The constable shall—
(a) give any reprimand or warning at a police station and, where the offender is under the age of 17, in the presence of an appropriate adult; and
(b) explain to the offender and, where he is under that age, the appropriate adult in ordinary language—
(i) in the case of a reprimand, the effect of subsection (5)(a) of section 66 below;
(ii) in the case of a warning, the effect of subsections (1), (2), (4) and (5)(b) and (c) of that section, and any guidance issued under subsection (3) of that section.
(6) The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to—
(a) the circumstances in which it is appropriate to give reprimands or warnings, including criteria for determining—
(i) for the purposes of subsection (3)(b) above, whether an offence is not so serious as to require a charge to be brought; and
(ii) for the purposes of subsection (4) above, whether an offence is so serious as to require a warning;
(b) the category of constable by whom reprimands and warnings may be given; and
(c) the form which reprimands and warnings are to take and the manner in which they are to be given and recorded.
(7) In this section “appropriate adult”, in relation to a child or young person, means—
(a) his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation;
(b) a social worker of a local authority social services department;
(c) if no person falling within paragraph (a) or (b) above is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police.
(8) No caution shall be given to a child or young person after the commencement of this section.
(9) Any reference (however expressed) in any enactment passed before or in the same Session as this Act to a person being cautioned shall be construed, in relation to any time after that commencement, as including a reference to a child or young person being reprimanded or warned.
(1) Where a constable warns a person under section 65 above, he shall as soon as practicable refer the person to a youth offending team.
(2) A youth offending team—
(a) shall assess any person referred to them under subsection (1) above; and
(b) unless they consider it inappropriate to do so, shall arrange for him to participate in a rehabilitation programme.
(3) The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to—
(a) what should be included in a rehabilitation programme arranged for a person under subsection (2) above;
(b) the manner in which any failure by a person to participate in such a programme is to be recorded; and
(c) the persons to whom any such failure is to be notified.
(4) Where a person who has been warned under section 65 above is convicted of an offence committed within two years of the warning, the court by or before which he is so convicted—
(a) shall not make an order under subsection (1)(b) (conditional discharge) of section 1A of the 1973 Act in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and
(b) where it does so, shall state in open court that it is of that opinion and why it is.
(5) The following, namely—
(a) any reprimand of a person under section 65 above;
(b) any warning of a person under that section; and
(c) any report on a failure by a person to participate in a rehabilitation programme arranged for him under subsection (2) above,
may be cited in criminal proceedings in the same circumstances as a conviction of the person may be cited.
(6) In this section “rehabilitation programme” means a programme the purpose of which is to rehabilitate participants and to prevent them from re-offending.
(1) This section applies where a child or young person is convicted of an offence other than one for which the sentence is fixed by law.
(2) Subject to the provisions of this section and section 68 below, the court by or before which the offender is convicted may make an order (a “reparation order”) which requires the offender to make reparation specified in the order—
(a) to a person or persons so specified; or
(b) to the community at large;
and any person so specified must be a person identified by the court as a victim of the offence or a person otherwise affected by it.
(3) The court shall not make a reparation 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 named in the order and the notice has not been withdrawn.
(4) The court shall not make a reparation order in respect of the offender if it proposes—
(a) to pass on him a custodial sentence or a sentence under section 53(1) of the 1933 Act; or
(b) to make in respect of him a community service order, a combination order, a supervision order which includes requirements imposed in pursuance of sections 12 to 12C of the 1969 Act or an action plan order.
(5) A reparation order shall not require the offender—
(a) to work for more than 24 hours in aggregate; or
(b) to make reparation to any person without the consent of that person.
(6) Subject to subsection (5) above, requirements specified in a reparation order shall be such as in the opinion of the court are commensurate with seriousness of the offence, or the combination of the offence and one or more offences associated with it.
(7) Requirements so specified shall, as far as practicable, be such as to avoid—
(a) any conflict with the offender’s religious beliefs or with the requirements of any community order to which he may be subject; and
(b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment.
(8) Any reparation required by a reparation order—
(a) shall be made under the supervision of the responsible officer; and
(b) shall be made within a period of three months from the date of the making of the order.
(9) A reparation order shall name the petty sessions area in which it appears to the court making the order, or to the court varying any provision included in the order in pursuance of this subsection, that the offender resides or will reside.
(10) In this section “responsible officer”, in relation to a reparation order, means one of the following who is specified in the order, namely—
(a) a probation officer;
(b) a social worker of a local authority social services department; and
(c) a member of a youth offending team.
(11) The court shall give reasons if it does not make a reparation order in a case where it has power to do so.
(1) Before making a reparation order, a court shall obtain and consider a written report by a probation officer, a social worker of a local authority social services department or a member of a youth offending team, indicating—
(a) the type of work that is suitable for the offender; and
(b) the attitude of the victim or victims to the requirements proposed to be included in the order.
(2) Before making a reparation order, a court shall explain to the offender in ordinary language—
(a) the effect of the order and of the requirements proposed to be included in it;
(b) the consequences which may follow (under Schedule 5 to this Act) if he fails to comply with any of those requirements; and
(c) that the court has power (under that Schedule) to review the order on the application either of the offender or of the responsible officer.
(3) Schedule 5 to this Act shall have effect for dealing with failure to comply with the requirements of reparation orders, for varying such orders and for discharging them with or without the substitution of other sentences.
(1) This section applies where a child or young person is convicted of an offence other than one for which the sentence is fixed by law.
(2) Subject to the provisions of this section and section 70 below, the court by or before which the offender is convicted may, if it is of the opinion that it is desirable to do so in the interests of securing his rehabilitation, or of preventing the commission by him of further offences, make an order (an “action plan order”) which—
(a) requires the offender, for a period of three months beginning with the date of the order, to comply with an action plan, that is to say, a series of requirements with respect to his actions and whereabouts during that period;
(b) places the offender under the supervision for that period of the responsible officer; and
(c) requires the offender to comply with any directions given by that officer with a view to the implementation of that plan.
(3) The court shall not make an action plan 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 named in the order and the notice has not been withdrawn.
(4) The court shall not make an action plan order in respect of the offender if—
(a) he is already the subject of such an order; or
(b) the court proposes to pass on him a custodial sentence or a sentence under section 53(1) of the 1933 Act, or to make in respect of him a probation order, a community service order, a combination order, a supervision order or an attendance centre order.
(5) Requirements included in an action plan order, or directions given by a responsible officer, may require the offender to do all or any of the following things, namely—
(a) to participate in activities specified in the requirements or directions at a time or times so specified;
(b) to present himself to a person or persons specified in the requirements or directions at a place or places and at a time or times so specified;
(c) to attend at an attendance centre specified in the requirements or directions for a number of hours so specified;
(d) to stay away from a place or places specified in the requirements or directions;
(e) to comply with any arrangements for his education specified in the requirements or directions;
(f) to make reparation specified in the requirements or directions to a person or persons so specified or to the community at large; and
(g) to attend any hearing fixed by the court under section 70(3) below.
(6) Such requirements and directions shall, as far as practicable, be such as to avoid—
(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and
(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
Crime and Disorder Act 1998