Office of Public Sector Information
(1) This section applies where a person is convicted of an offence punishable with a custodial sentence other than one fixed by law.
(2) Subject to subsection (3) below, the court shall not pass a custodial sentence on the offender unless it is of the opinion—
(a) that the offence, or the combination of the offence and one other offence associated with it, was so serious that only such a sentence can be justified for the offence; or
(b) where the offence is a violent or sexual offence, that only such a sentence would be adequate to protect the public from serious harm from him.
(3) Nothing in subsection (2) above shall prevent the court from passing a custodial sentence on the offender if he refuses to give his consent to a community sentence which is proposed by the court and requires that consent.
(4) Where a court passes a custodial sentence, it shall be its duty—
(a) in a case not falling within subsection (3) above, to state in open court that it is of the opinion that either or both of paragraphs (a) and (b) of subsection (2) above apply and why it is of that opinion; and
(b) in any case, to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
(5) A magistrates' court shall cause a reason stated by it under subsection (4) above to be specified in the warrant of commitment and to be entered in the register.
(1) This section applies where a court passes a custodial sentence other than one fixed by law.
(2) The custodial sentence shall be—
(a) for such term (not exceeding the permitted maximum) as in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it; or
(b) where the offence is a violent or sexual offence, for such longer term (not exceeding that maximum) as in the opinion of the court is necessary to protect the public from serious harm from the offender.
(3) Where the court passes a custodial sentence for a term longer than is commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it, the court shall—
(a) state in open court that it is of the opinion that subsection (2)(b) above applies and why it is of that opinion; and
(b) explain to the offender in open court and in ordinary language why the sentence is for such a term.
(4) A custodial sentence for an indeterminate period shall be regarded for the purposes of subsections (2) and (3) above as a custodial sentence for a term longer than any actual term.
(1) Subject to subsection (2) below, a court shall obtain and consider a pre-sentence report before forming any such opinion as is mentioned in subsection (2) of section 1 or 2 above.
(2) Where the offence or any other offence associated with it is triable only on indictment, subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.
(3) In forming any such opinion as is mentioned in subsection (2) of section 1 or 2 above a court—
(a) shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it; and
(b) in the case of any such opinion as is mentioned in paragraph (b) of that subsection, may take into account any information about the offender which is before it.
(4) No custodial sentence which is passed in a case to which subsection (1) above applies shall be invalidated by the failure of a court to comply with that subsection but any court on an appeal against such a sentence—
(a) shall obtain a pre-sentence report if none was obtained by the court below; and
(b) shall consider any such report obtained by it or by that court.
(5) In this Part “pre-sentence report” means a report in writing which—
(a) with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by a probation officer or by a social worker of a local authority social services department; and
(b) contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.
(1) Subject to subsection (2) below, in any case where section 3(1) above applies and the offender is or appears to be mentally disordered, the court shall obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
(2) Subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
(3) Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court shall consider—
(a) any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise); and
(b) the likely effect of such a sentence on that condition and on any treatment which may be available for it.
(4) No custodial sentence which is passed in a case to which subsection (1) above applies shall be invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
(a) shall obtain a medical report if none was obtained by the court below; and
(b) shall consider any such report obtained by it or by that court.
(5) In this section—
“duly approved”, in relation to a registered medical practitioner, means approved for the purposes of section 12 of the [1983 c. 20.] Mental Health Act 1983 (“the 1983 Act”) by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder;
“medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner who is duly approved.
(6) Nothing in this section shall be taken as prejudicing the generality of section 3 above.
(1) For subsection (2) of section 22 (suspended sentences of imprisonment) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (“the 1973 Act”) there shall be substituted the following subsections—
“(2) A court shall not deal with an offender by means of a suspended sentence unless it is of the opinion—
(a) that the case is one in which a sentence of imprisonment would have been appropriate even without the power to suspend the sentence; and
(b) that the exercise of that power can be justified by the exceptional circumstances of the case.
(2A) A court which passes a suspended sentence on any person for an offence shall consider whether the circumstances of the case are such as to warrant in addition the imposition of a fine or the making of a compensation order.”
(2) The following shall cease to have effect, namely—
(a) sections 28 and 29 of the 1973 Act (extended sentences of imprisonment for persistent offenders); and
(b) section 47 of the [1977 c. 45.] Criminal Law Act 1977 (sentence of imprisonment partly served and partly suspended).
(1) A court shall not pass on an offender a community sentence, that is to say, a sentence which consists of or includes one or more community orders, unless it is of the opinion that the offence, or the combination of the offence and one other offence associated with it, was serious enough to warrant such a sentence.
(2) Subject to subsection (3) below, where a court passes a community sentence—
(a) the particular order or orders comprising or forming part of the sentence shall be such as in the opinion of the court is, or taken together are, the most suitable for the offender; and
(b) the restrictions on liberty imposed by the order or orders shall be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it.
(3) In consequence of the provision made by section 11 below with respect to combination orders, a community sentence shall not consist of or include both a probation order and a community service order.
(4) In this Part “community order” means any of the following orders, namely—
(a) a probation order;
(b) a community service order;
(c) a combination order;
(d) a curfew order;
(e) a supervision order; and
(f) an attendance centre order.
(1) In forming any such opinion as is mentioned in subsection (1) or (2)(b) of section 6 above, a court shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it.
(2) In forming any such opinion as is mentioned in subsection (2)(a) of that section, a court may take into account any information about the offender which is before it.
(3) A court shall obtain and consider a pre-sentence report before forming an opinion as to the suitability for the offender of one or more of the following orders, namely—
(a) a probation order which includes additional requirements authorised by Schedule 1A to the 1973 Act;
(b) a community service order;
(c) a combination order; and
(d) a supervision order which includes requirements imposed under section 12, 12A, 12AA, 12B or 12C of the [1969 c. 54.] Children and Young Persons Act 1969 (“the 1969 Act”).
(4) No community sentence which consists of or includes such an order as is mentioned in subsection (3) above shall be invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
(a) shall obtain a pre-sentence report if none was obtained by the court below; and
(b) shall consider any such report obtained by it or by that court.
(1) For section 2 of the 1973 Act there shall be substituted the following section—
(1) Where a court by or before which a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law) is of the opinion that the supervision of the offender by a probation officer is desirable in the interests of—
(a) securing the rehabilitation of the offender; or
(b) protecting the public from harm from him or preventing the commission by him of further offences,
the court may make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for a period specified in the order of not less than six months nor more than three years.
For the purposes of this subsection the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.
(2) A probation order shall specify the petty sessions area in which the offender resides or will reside; and the offender shall, subject to paragraph 12 of Schedule 2 to the Criminal Justice Act 1991 (offenders who change their residence), be required to be under the supervision of a probation officer appointed for or assigned to that area.
(3) Before making a probation order, the court shall explain to the offender in ordinary language—
(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 3 below);
(b) the consequences which may follow under Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of the requirements of the order; and
(c) that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,
and the court shall not make the order unless he expresses his willingness to comply with its requirements.
(4) The court by which a probation order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—
(a) to the offender;
(b) to the probation officer responsible for the offender’s supervision; and
(c) to the person in charge of any institution in which the offender is required by the order to reside.
(5) The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area—
(a) a copy of the order; and
(b) such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
(6) An offender in respect of whom a probation order is made shall keep in touch with the probation officer responsible for his supervision in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
(7) The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the minimum or maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.
(8) An order under subsection (7) above may make in paragraph 13(2)(a)(i) of Schedule 2 to the Criminal Justice Act 1991 any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.”
(2) Section 13 of that Act (effect of probation and discharge) shall cease to have effect so far as relating to offenders placed on probation.
(3) For the purpose of rearranging Part I of that Act in consequence of the amendments made by subsections (1) and (2) above, that Part shall have effect subject to the following amendments, namely—
(a) after section 1 there shall be inserted as sections 1A to 1C the provisions set out in Part I of Schedule 1 to this Act;
(b) sections 7 and 9 (which are re-enacted with minor modifications by sections 1A and 1B) shall cease to have effect;
(c) sections 8 and 13 (which, so far as relating to discharged offenders, are re-enacted with minor modifications by sections 1B and 1C) shall cease to have effect so far as so relating; and
(d) immediately before section 11 there shall be inserted the following cross heading—
(1) For sections 3 to 4B of the 1973 Act there shall be substituted the following section—
(1) Subject to subsection (2) below, a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—
(a) securing the rehabilitation of the offender; or
(b) protecting the public from harm from him or preventing the commission by him of further offences.
(2) Without prejudice to the power of the court under section 35 of this Act to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a probation order.
(3) Without prejudice to the generality of subsection (1) above, the additional requirements which may be included in a probation order shall include the requirements which are authorised by Schedule 1A to this Act.”
(2) After Schedule 1 to that Act there shall be inserted as Schedule 1A the provisions set out in Part II of Schedule 1 to this Act.
(1) In subsection (1) of section 14 of the 1973 Act (community service orders in respect of offenders), the words “instead of dealing with him in any other way” shall cease to have effect.
(2) In subsection (1A) of that section, for paragraph (b) there shall be substituted the following paragraph—
“(b) not more than 240.”
(3) For subsections (2) and (2A) of that section there shall be substituted the following subsections—
“(2) A court shall not make a community service order in respect of any offender unless the offender consents and the court, after hearing (if the court thinks it necessary) a probation officer or social worker of a local authority social services department, is satisfied that the offender is a suitable person to perform work under such an order.
(2A) Subject to paragraphs 3 and 4 of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders) a court shall not make a community service order in respect of an offender unless it is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside.”
(4) In section 15(1) of that Act (obligations of persons subject to community service orders), for paragraph (a) there shall be substituted the following paragraph—
“(a) keep in touch with the relevant officer in accordance with such instructions as he may from time to time be given by that officer and notify him of any change of address;”.
(1) Where a court by or before which a person of or over the age of sixteen years is convicted of an offence punishable with imprisonment (not being an offence for which the sentence is fixed by law) is of the opinion mentioned in subsection (2) below, the court may make a combination order, that is to say, an order requiring him both—
(a) to be under the supervision of a probation officer for a period specified in the order, being not less than twelve months nor more than three years; and
(b) to perform unpaid work for a number of hours so specified, being in the aggregate not less than 40 nor more than 100.
(2) The opinion referred to in subsection (1) above is that the making of a combination order is desirable in the interests of—
(a) securing the rehabilitation of the offender; or
(b) protecting the public from harm from him or preventing the commission by him of further offences.
(3) Subject to subsection (1) above, Part I of the 1973 Act shall apply in relation to combination orders—
(a) in so far as they impose such a requirement as is mentioned in paragraph (a) of that subsection, as if they were probation orders; and
(b) in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
(1) Where a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law), the court by or before which he is convicted may make a curfew order, that is to say, an order requiring him to remain, for periods specified in the order, at a place so specified.
(2) A curfew order may specify different places or different periods for different days, but shall not specify—
(a) periods which fall outside the period of six months beginning with the day on which it is made; or
(b) periods which amount to less than 2 hours or more than 12 hours in any one day.
(3) The requirements in a curfew order 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 other educational establishment.
(4) A curfew order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(5) Before making a curfew order, the court shall explain to the offender in ordinary language—
(a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 13 below);
(b) the consequences which may follow under Schedule 2 to this Act if he fails to comply with any of the requirements of the order; and
(c) that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,
and the court shall not make the order unless he expresses his willingness to comply with its requirements.
(6) Before making a curfew order, the court shall obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
(7) The Secretary of State may by order direct—
(a) that subsection (2) above shall have effect with the substitution, for any period there specified, of such period as may be specified in the order; or
(b) that subsection (3) above shall have effect with such additional restrictions as may be so specified.
(1) Subject to subsection (2) below, a curfew order may in addition include requirements for securing the electronic monitoring of the offender’s whereabouts during the curfew periods specified in the order.
(2) A court shall not make a curfew order which includes such requirements unless the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the area in which the place proposed to be specified in the order is situated; and
(b) is satisfied that the necessary provision can be made under those arrangements.
(3) Electronic monitoring arrangements made by the Secretary of State under this section may include entering into contracts with other persons for the electronic monitoring by them of offenders' whereabouts.
(1) Schedule 2 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for amending such orders and for revoking them with or without the substitution of other sentences) shall have effect.
(2) Sections 5, 6, 16 and 17 of, and Schedule 1 to, the 1973 Act (which are superseded by Schedule 2 to this Act) shall cease to have effect.
(1) The Secretary of State may make rules for regulating—
(a) the supervision of persons who are subject to probation orders;
(b) the arrangements to be made under Schedule 3 to the 1973 Act for persons who are subject to community service orders to perform work under those orders and the performance by such persons of such work;
(c) the monitoring of the whereabouts of persons who are subject to curfew orders (including electronic monitoring in cases where arrangements for such monitoring are available); and
(d) without prejudice to the generality of paragraphs (a) to (c) above, the functions of the responsible officers of such persons as are mentioned in those paragraphs.
(2) Rules under subsection (1)(b) above may in particular—
(a) limit the number of hours of work to be done by a person on any one day;
(b) make provision as to the reckoning of hours worked and the keeping of work records; and
(c) make provision for the payment of travelling and other expenses in connection with the performance of work.
(3) In this Part “responsible officer” means—
(a) in relation to an offender who is subject to a probation order, the probation officer responsible for his supervision;
(b) in relation to an offender who is subject to a community service order, the relevant officer within the meaning of section 14(4) of the 1973 Act; and
(c) in relation to an offender who is subject to a curfew order, the person responsible for monitoring his whereabouts during the curfew periods specified in the order.
(4) This section shall apply in relation to combination orders—
(a) in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 above, as if they were probation orders; and
(b) in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
Schedule 3 to this Act shall have effect for making provision for and in connection with—
(a) the making and amendment in England and Wales of community orders relating to persons residing in Scotland or Northern Ireland; and
(b) the making and amendment in Scotland or Northern Ireland of corresponding orders relating to persons residing in England and Wales.
(1) In section 37 (standard scale of fines) of the [1982 c. 48.] Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—
“(2) The standard scale is shown below—
| Level on the scale | Amount of fine |
|---|---|
| 1 | £200 |
| 2 | £500 |
| 3 | £1,000 |
| 4 | £2,500 |
| 5 | £5,000”. |
(2) Part I of the [1980 c. 43.] Magistrates' Courts Act 1980 (“the 1980 Act”) shall be amended as follows—
(a) in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) and section 36(1) and (2) (maximum fine on conviction of young person by magistrates' court), for “£400” there shall be substituted “£1,000”;
(b) in section 24(4) (maximum fine on summary conviction of child for indictable offence) and section 36(2) (maximum fine on conviction of child by magistrates' court), for “£100” there shall be substituted “£250”; and
(c) in section 32(9) (maximum fine on summary conviction of offence triable either way), for “£2,000” there shall be substituted “£5,000”;
and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.
(3) Schedule 4 to this Act shall have effect as follows—
(a) in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;
(b) in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;
(c) in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;
(d) the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and
(e) the provisions mentioned in Part V shall have effect subject to the amendments specified in that Part, being amendments for treating certain failures as if they were summary offences punishable by fines not exceeding levels on the standard scale.
(1) This section applies where a magistrates' court imposes a fine on an individual—
(a) for a summary offence which is punishable by a fine not exceeding a level on the standard scale; or
(b) for a statutory maximum offence, that is to say, an offence which is triable either way and which, on summary conviction, is punishable by a fine not exceeding the statutory maximum.
(2) Subject to the following provisions of this section, the amount of the fine shall be the product of—
(a) the number of units which is determined by the court to be commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it; and
(b) the value to be given to each of those units, that is to say, the amount which, at the same or any later time, is determined by the court in accordance with rules made by the Lord Chancellor to be the offender’s disposable weekly income.
Criminal Justice Act 1991