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PART IV continued CHAPTER I continued
(7) Subsection (5)(c) above does not apply unless the offence committed by the offender is punishable with imprisonment in the case of a person aged 21 or over.
(8) A person shall not be specified in requirements or directions under subsection (5)(f) above unless—
(a) he is identified by the court or, as the case may be, the responsible officer as a victim of the offence or a person otherwise affected by it; and
(b) he consents to the reparation being made.
(9) An action plan 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 an action plan 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) An action plan 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.
(1) Before making an action plan order, a court shall obtain and consider—
(a) 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—
(i) the requirements proposed by that person to be included in the order;
(ii) the benefits to the offender that the proposed requirements are designed to achieve; and
(iii) the attitude of a parent or guardian of the offender to the proposed requirements; and
(b) where the offender is under the age of 16, information about the offender’s family circumstances and the likely effect of the order on those circumstances.
(2) Before making an action plan 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) Immediately after making an action plan order, a court may—
(a) fix a further hearing for a date not more than 21 days after the making of the order; and
(b) direct the responsible officer to make, at that hearing, a report as to the effectiveness of the order and the extent to which it has been implemented.
(4) At a hearing fixed under subsection (3) above, the court—
(a) shall consider the responsible officer’s report; and
(b) may, on the application of the responsible officer or the offender, vary the order—
(i) by cancelling any provision included in it; or
(ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that the court could originally have included in it.
(5) Schedule 5 to this Act shall have effect for dealing with failure to comply with the requirements of action plan orders, for varying such orders and for discharging them with or without the substitution of other sentences.
(1) In subsection (3) of section 12A of the 1969 Act (young offenders), after paragraph (a) there shall be inserted the following paragraph—
“(aa) to make reparation specified in the order to a person or persons so specified or to the community at large;”.
(2) In subsection (5) of that section, for the words “subsection (3)(a) or (b)” there shall be substituted the words “subsection (3)(a), (aa) or (b)”.
(3) In subsection (7) of that section, after paragraph (a) there shall be inserted the following paragraph—
“(aa) any requirement to make reparation to any person unless that person—
(i) is identified by the court as a victim of the offence or a person otherwise affected by it; and
(ii) consents to the inclusion of the requirement; or”.
(4) In subsection (6) of section 12AA of the 1969 Act (requirement for young offender to live in local authority accommodation), for paragraphs (b) to (d) there shall be substituted the following paragraphs—
“(b) that order imposed—
(i) a requirement under section 12, 12A or 12C of this Act; or
(ii) a residence requirement;
(c) he fails to comply with that requirement, or is found guilty of an offence committed while that order was in force; and
(d) the court is satisfied that—
(i) the failure to comply with the requirement, or the behaviour which constituted the offence, was due to a significant extent to the circumstances in which he was living; and
(ii) the imposition of a residence requirement will assist in his rehabilitation;”; and for the words “the condition in paragraph (d)” there shall be substituted the words “sub-paragraph (i) of paragraph (d)”.
(5) In section 13 of the 1969 Act (selection of supervisor), subsection (2) shall cease to have effect.
(1) In subsection (3) of section 15 of the 1969 Act (variation and discharge of supervision orders), for paragraphs (a) and (b) there shall be substituted the following paragraphs—
“(a) whether or not it also makes an order under subsection (1) above, may order him to pay a fine of an amount not exceeding £1,000, or make in respect of him—
(i) subject to section 16A(1) of this Act, an order under section 17 of the [1982 c. 48.] Criminal Justice Act 1982 (attendance centre orders); or
(ii) subject to section 16B of this Act, an order under section 12 of the [1991 c. 53.] Criminal Justice Act 1991 (curfew orders);
(b) if the supervision order was made by a relevant court, may discharge the order and deal with him, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made; or
(c) if the order was made by the Crown Court, may commit him in custody or release him on bail until he can be brought or appear before the Crown Court.”
(2) For subsections (4) to (6) of that section there shall be substituted the following subsections—
“(4) Where a court deals with a supervised person under subsection (3)(c) above, it shall send to the Crown Court a certificate signed by a justice of the peace giving—
(a) particulars of the supervised person’s failure to comply with the requirement in question; and
(b) such other particulars of the case as may be desirable;
and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.
(5) Where—
(a) by virtue of subsection (3)(c) above the supervised person is brought or appears before the Crown Court; and
(b) it is proved to the satisfaction of the court that he has failed to comply with the requirement in question,
that court may deal with him, for the offence in respect of which the order was made, in any manner in which it could have dealt with him for that offence if it had not made the order.
(6) Where the Crown Court deals with a supervised person under subsection (5) above, it shall discharge the supervision order if it is still in force.”
(3) In subsections (7) and (8) of that section, for the words “or (4)” there shall be substituted the words “or (5)”.
(1) Subject to section 53 of the 1933 Act, section 8 of the [1982 c. 48.] Criminal Justice Act 1982 (“the 1982 Act”) and subsection (2) below, where—
(a) a child or young person (“the offender”) is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and
(b) the court is of the opinion that either or both of paragraphs (a) or (b) of subsection (2) of section 1 of the 1991 Act apply or the case falls within subsection (3) of that section,
the sentence that the court is to pass is a detention and training order.
(2) A court shall not make a detention and training order—
(a) in the case of an offender under the age of 15 at the time of the conviction, unless it is of the opinion that he is a persistent offender;
(b) in the case of an offender under the age of 12 at that time, unless—
(i) it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and
(ii) the offence was committed on or after such date as the Secretary of State may by order appoint.
(3) A detention and training order is an order that the offender in respect of whom it is made shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.
(4) A detention and training order shall be a custodial sentence for the purposes of Part I of the 1991 Act; and the provisions of sections 1 to 4 of that Act shall apply accordingly.
(5) Subject to subsection (6) below, the term of a detention and training order shall be 4, 6, 8, 10, 12, 18 or 24 months.
(6) The term of a detention and training order may not exceed the maximum term of imprisonment that the Crown Court could (in the case of an offender aged 21 or over) impose for the offence.
(7) The following provisions, namely—
(a) section 1B of the 1982 Act (detention in young offender institutions: special provision for offenders under 18); and
(b) sections 1 to 4 of the 1994 Act (secure training orders),
which are superseded by this section and sections 74 to 78 below, shall cease to have effect.
(1) On making a detention and training order in a case where subsection (2) of section 73 above applies, it shall be the duty of the court (in addition to the duty imposed by section 1(4) of the 1991 Act) to state in open court that it is of the opinion mentioned in paragraph (a) or, as the case may be, paragraphs (a) and (b)(i) of that subsection.
(2) Subject to subsection (3) below, where—
(a) an offender is convicted of more than one offence for which he is liable to a detention and training order; or
(b) an offender who is subject to a detention and training order is convicted of one or more further offences for which he is liable to such an order,
the court shall have the same power to pass consecutive detention and training orders as if they were sentences of imprisonment.
(3) A court shall not make in respect of an offender a detention and training order the effect of which would be that he would be subject to detention and training orders for a term which exceeds 24 months.
(4) Where the term of the detention and training orders to which an offender would otherwise be subject exceeds 24 months, the excess shall be treated as remitted.
(5) In determining the term of a detention and training order for an offence, the court shall take account of any period for which the offender has been remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.
(6) The reference in subsection (5) above to an offender being remanded in custody is a reference to his being—
(a) held in police detention;
(b) remanded in or committed to custody by an order of a court;
(c) remanded or committed to local authority accommodation under section 23 of the 1969 Act and placed and kept in secure accommodation; or
(d) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the [1983 c. 20.] Mental Health Act 1983.
(7) A person is in police detention for the purposes of subsection (6) above—
(a) at any time when he is in police detention for the purposes of the 1984 Act; and
(b) at any time when he is detained under section 14 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989;
and in that subsection “secure accommodation” has the same meaning as in section 23 of the 1969 Act.
(8) For the purpose of any reference in this section or sections 75 to 78 below to the term of a detention and training order, consecutive terms of such orders and terms of such orders which are wholly or partly concurrent shall be treated as a single term if—
(a) the orders were made on the same occasion; or
(b) where they were made on different occasions, the offender has not been released (by virtue of subsection (2), (3), (4) or (5) of section 75 below) at any time during the period beginning with the first and ending with the last of those occasions.
(1) An offender shall serve the period of detention and training under a detention and training order in such secure accommodation as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose.
(2) Subject to subsections (3) to (5) below, the period of detention and training under a detention and training order shall be one-half of the term of the order.
(3) The Secretary of State may at any time release the offender if he is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds.
(4) The Secretary of State may release the offender—
(a) in the case of an order for a term of 8 months or more but less than 18 months, one month before the half-way point of the term of the order; and
(b) in the case of an order for a term of 18 months or more, one month or two months before that point.
(5) If the youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State shall release the offender—
(a) in the case of an order for a term of 8 months or more but less than 18 months, one month after the half-way point of the term of the order; and
(b) in the case of an order for a term of 18 months or more, one month or two months after that point.
(6) An offender detained in pursuance of a detention and training order shall be deemed to be in legal custody.
(7) In this section and sections 77 and 78 below “secure accommodation” means—
(a) a secure training centre;
(b) a young offender institution;
(c) accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons;
(d) accommodation provided for that purpose under subsection (5) of section 82 of the 1989 Act (financial support by the Secretary of State); or
(e) such other accommodation provided for the purpose of restricting liberty as the Secretary of State may direct.
(1) The period of supervision of an offender who is subject to a detention and training order—
(a) shall begin with the offender’s release, whether at the half-way point of the term of the order or otherwise; and
(b) subject to subsection (2) below, shall end when the term of the order ends.
(2) The Secretary of State may by order provide that the period of supervision shall end at such point during the term of a detention and training order as may be specified in the order under this subsection.
(3) During the period of supervision, the offender shall be under the supervision of—
(a) a probation officer;
(b) a social worker of a local authority social services department; or
(c) a member of a youth offending team;
and the category of person to supervise the offender shall be determined from time to time by the Secretary of State.
(4) Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.
(5) Where the supervision is to be provided by—
(a) a social worker of a local authority social services department; or
(b) a member of a youth offending team,
the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.
(6) The offender shall be given a notice from the Secretary of State specifying—
(a) the category of person for the time being responsible for his supervision; and
(b) any requirements with which he must for the time being comply.
(7) A notice under subsection (6) above shall be given to the offender—
(a) before the commencement of the period of supervision; and
(b) before any alteration in the matters specified in subsection (6)(a) or (b) above comes into effect.
(1) Where a detention and training order is in force in respect of an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 76(6)(b) above, the justice—
(a) may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area; or
(b) if the information is in writing and on oath, may issue a warrant for the offender’s arrest requiring him to be brought before such a court.
(2) For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to a detention and training order if—
(a) the order was made by a youth court acting for it; or
(b) the offender resides in it for the time being.
(3) If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 76(6)(b) above, that court may—
(a) order the offender to be detained, in such secure accommodation as the Secretary of State may determine, for such period, not exceeding the shorter of three months or the remainder of the term of the detention and training order, as the court may specify; or
(b) impose on the offender a fine not exceeding level 3 on the standard scale.
(4) An offender detained in pursuance of an order under subsection (3) above shall be deemed to be in legal custody; and a fine imposed under that subsection shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
(1) This section applies to a person subject to a detention and training order if—
(a) after his release and before the date on which the term of the order ends, he commits an offence punishable with imprisonment in the case of a person aged 21 or over; and
(b) whether before or after that date, he is convicted of that offence (“the new offence”).
(2) Subject to section 7(8) of the 1969 Act, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be detained in such secure accommodation as the Secretary of State may determine for the whole or any part of the period which—
(a) begins with the date of the court’s order; and
(b) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
(3) The period for which a person to whom this section applies is ordered under subsection (2) above to be detained in secure accommodation—
(a) shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and
(b) in either case, shall be disregarded in determining the appropriate length of that sentence.
(4) Where the new offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.
(5) A person detained in pursuance of an order under subsection (2) above shall be deemed to be in legal custody.
(1) Where a court passes a sentence of detention in a young offender institution in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
(a) if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 75 above, at the beginning of the day on which it is passed;
(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of that subsection.
(2) Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows—
(a) if the offender has been released under Part II of the 1991 Act, at the beginning of the day on which it is made;
(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Part.
(3) Subject to subsection (4) below, where at any time an offender is subject concurrently—
(a) to a detention and training order; and
(b) to a sentence of detention in a young offender institution,
he shall be treated for the purposes of sections 75 to 78 above, section 1C of the 1982 Act and Part II of the 1991 Act as if he were subject only to the one of them that was imposed on the later occasion.
(4) Nothing in subsection (3) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.
(5) Where, by virtue of any enactment giving a court power to deal with a person in a manner in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term.
(1) This section applies where the Court—
(a) is seised of an appeal against, or a reference under section 36 of the [1988 c. 33.] Criminal Justice Act 1988 with respect to, the sentence passed for an offence; or
(b) receives a proposal under section 81 below in respect of a particular category of offence;
and in this section “the relevant category” means any category within which the offence falls or, as the case may be, the category to which the proposal relates.
(2) The Court shall consider—
(a) whether to frame guidelines as to the sentencing of offenders for offences of the relevant category; or
(b) where such guidelines already exist, whether it would be appropriate to review them.
(3) Where the Court decides to frame or revise such guidelines, the Court shall have regard to—
(a) the need to promote consistency in sentencing;
(b) the sentences imposed by courts in England and Wales for offences of the relevant category;
(c) the cost of different sentences and their relative effectiveness in preventing re-offending;
(d) the need to promote public confidence in the criminal justice system; and
(e) the views communicated to the Court, in accordance with section 81(4)(b) below, by the Sentencing Advisory Panel.
(4) Guidelines framed or revised under this section shall include criteria for determining the seriousness of offences, including (where appropriate) criteria for determining the weight to be given to any previous convictions of offenders or any failures of theirs to respond to previous sentences.
(5) In a case falling within subsection (1)(a) above, guidelines framed or revised under this section shall, if practicable, be included in the Court’s judgment in the appeal.
(6) Subject to subsection (5) above, guidelines framed or revised under this section shall be included in a judgment of the Court at the next appropriate opportunity (having regard to the relevant category of offence).
(7) For the purposes of this section, the Court is seised of an appeal against a sentence if—
(a) the Court or a single judge has granted leave to appeal against the sentence under section 9 or 10 of the [1968 c. 19.] Criminal Appeal Act 1968; or
(b) in a case where the judge who passed the sentence granted a certificate of fitness for appeal under section 9 or 10 of that Act, notice of appeal has been given,
and (in either case) the appeal has not been abandoned or disposed of.
(8) For the purposes of this section, the Court is seised of a reference under section 36 of the [1988 c. 33.] Criminal Justice Act 1988 if it has given leave under subsection (1) of that section and the reference has not been disposed of.
(9) In this section and section 81 below—
“the Court” means the criminal division of the Court of Appeal;
“offence” means an indictable offence.
(1) The Lord Chancellor, after consultation with the Secretary of State and the Lord Chief Justice, shall constitute a sentencing panel to be known as the Sentencing Advisory Panel (“the Panel”) and appoint one of the members of the Panel to be its chairman.
(2) Where, in a case falling within subsection (1)(a) of section 80 above, the Court decides to frame or revise guidelines under that section for a particular category of offence, the Court shall notify the Panel.
(3) The Panel may at any time, and shall if directed to do so by the Secretary of State, propose to the Court that guidelines be framed or revised under section 80 above for a particular category of offence.
(4) Where the Panel receives a notification under subsection (2) above or makes a proposal under subsection (3) above, the Panel shall—
(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 Chief Justice, by the Lord Chancellor;
(b) formulate its own views on those matters and communicate them to the Court; and
(c) furnish information to the Court as to the matters mentioned in section 80(3)(b) and (c) above.
(5) The Lord Chancellor may pay to any member of the Panel such remuneration as he may determine.
(1) This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 above.
(2) If the offence was racially aggravated, the court—
(a) shall treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
(b) shall state in open court that the offence was so aggravated.
(3) Section 28 above applies for the purposes of this section as it applies for the purposes of sections 29 to 32 above.
After subsection (9) of section 71 of the [1988 c. 33.] Criminal Justice Act 1988 (confiscation orders) there shall be inserted the following subsection—
“(9A) Where an offender is committed by a magistrates' court for sentence under section 38 or 38A of the [1980 c. 43.] Magistrates' Courts Act 1980 or section 56 of the [1967 c. 80.] Criminal Justice Act 1967, this section and sections 72 to 74C below shall have effect as if the offender had been convicted of the offence in the proceedings before the Crown Court and not in the proceedings before the magistrates' court.”
(1) In section 16(5) of the [1989 c. 37.] Football Spectators Act 1989 (penalties for failure to comply with reporting duty imposed by restriction order)—
(a) for the words “one month” there shall be substituted the words “six months”; and
(b) for the words “level 3” there shall be substituted the words “level 5”.
(2) In section 24(2) of the 1984 Act (arrestable offences), after paragraph (p) there shall be inserted—
“(q) an offence under section 16(4) of the [1989 c. 37.] Football Spectators Act 1989 (failure to comply with reporting duty imposed by restriction order).”
Crime and Disorder Act 1998