|
| |
| |
151 The Sentencing Advisory Panel | |
(1) There shall continue to be a Sentencing Advisory Panel (in this Chapter | |
referred to as “the Panel”) constituted by the Lord Chancellor after | |
consultation with the Secretary of State and the Lord Chief Justice. | |
(2) The Lord Chancellor must, after consultation with the Secretary of State and | 5 |
the Lord Chief Justice, appoint one of the members of the Panel to be its | |
chairman. | |
(3) The Lord Chancellor may pay to any member of the Panel such remuneration | |
or expenses as he may determine. | |
152 Guidelines relating to sentencing and allocation | 10 |
(1) In this Chapter— | |
(a) “sentencing guidelines” means guidelines relating to the sentencing of | |
offenders, which may be general in nature or limited to a particular | |
category of offence or offender, and | |
(b) “allocation guidelines” means guidelines relating to decisions by a | 15 |
magistrates’ court under section 19 of the Magistrates’ Courts Act 1980 | |
(c. 43) as to whether an offence is more suitable for summary trial or | |
trial on indictment. | |
(2) The Secretary of State may at any time propose to the Council— | |
(a) that sentencing guidelines be framed or revised by the Council— | 20 |
(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) The Council may from time to time consider whether to frame sentencing | |
guidelines or allocation guidelines and, if it receives— | 25 |
(a) a proposal under section 153(2) from the Panel, or | |
(b) a proposal under subsection (2) from the Secretary of State, | |
must consider whether to do so. | |
(4) Where sentencing guidelines or allocation guidelines have been issued by the | |
Council as definitive guidelines, the Council must from time to time (and, in | 30 |
particular, if it receives a proposal under section 153(2) from the Panel or under | |
subsection (2) from the Secretary of State) consider whether to revise them. | |
(5) Where the Council decides to frame or revise sentencing guidelines, the | |
matters to which the Council must have regard include— | |
(a) the need to promote consistency in sentencing, | 35 |
(b) the sentences imposed by courts in England and Wales for offences to | |
which the guidelines relate, | |
(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, | 40 |
and | |
(e) the views communicated to the Council, in accordance with section | |
153(3)(b), by the Panel. | |
(6) Where the Council decides to frame or revise allocation guidelines, the matters | |
to which the Council must have regard include— | 45 |
| |
| |
|
| |
| |
(a) the need to promote consistency in decisions under section 19 of the | |
Magistrates’ Courts Act 1980 (c. 43), and | |
(b) the views communicated to the Council, in accordance with section | |
153(3)(b), by the Panel. | |
(7) Sentencing guidelines in respect of an offence or category of offences must | 5 |
include criteria for determining the seriousness of the offence or offences, | |
including (where appropriate) criteria for determining the weight to be given | |
to any previous convictions of offenders. | |
(8) Where the Council has prepared or revised any sentencing guidelines or | |
allocation guidelines, it must— | 10 |
(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 | 15 |
(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. | |
153 Functions of Sentencing Advisory Panel in relation to guidelines | |
(1) Where the Council decides to frame or revise any sentencing guidelines or | 20 |
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 | 25 |
(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 | 30 |
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 notify the | 35 |
Panel of the Council’s view that the urgency of the case makes it impracticable | |
for the Panel to comply with that paragraph. | |
154 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 | 40 |
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 152(9) as definitive guidelines, as revised by subsequent | |
guidelines so issued. | |
155 Annual report by Council | |
(1) The Council must as soon as practicable after the end of each financial year | 5 |
make to the Ministers a report on the exercise of the Council’s functions during | |
the year. | |
(2) If section 149 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. | 10 |
(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. | 15 |
Duty of court to explain sentence | |
156 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 | 20 |
(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, | 25 |
(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. | 30 |
(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 | 35 |
that range, | |
(b) where the sentence is a custodial sentence and the duty in subsection | |
(2) of section 134 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 134(2) and | |
why it is of that opinion, | 40 |
(c) where the sentence is a community sentence and the case does not fall | |
within section 133(2), state that it is of the opinion that section 130(1) | |
applies and why it is of that opinion, | |
| |
| |
|
| |
| |
(d) where as a result of taking into account any matter referred to in section | |
127(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 | 5 |
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 248), or | |
(b) to an offence the sentence for which falls to be imposed under section | 10 |
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 | 15 |
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. | 20 |
(6) In this section— | |
“guidelines” has the same meaning as in section 154; | |
“the register” has the meaning given by section 163 of the Sentencing Act. | |
Publication of information by Secretary of State | |
157 Duty to publish information about sentencing | 25 |
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— | 30 |
(i) in preventing re-offending, and | |
(ii) in promoting public confidence in the criminal justice | |
system;”. | |
Interpretation of Chapter | |
158 Interpretation of Chapter 1 | 35 |
In this Chapter— | |
“allocation guidelines” has the meaning given by section 152(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 | 40 |
125(3); | |
“sentencing guidelines” has the meaning given by section 152(1)(a); | |
| |
| |
|
| |
| |
“youth community order” has the meaning given by section 129(2). | |
Chapter 2 | |
Community orders: offenders aged 16 or over | |
159 Community orders | |
(1) Where a person aged 16 or over is convicted of an offence, the court by or | 5 |
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 181), | |
(b) an activity requirement (as defined by section 183), | 10 |
(c) a programme requirement (as defined by section 184), | |
(d) a prohibited activity requirement (as defined by section 185), | |
(e) a curfew requirement (as defined by section 186), | |
(f) an exclusion requirement (as defined by section 187), | |
(g) a residence requirement (as defined by section 188), | 15 |
(h) a mental health treatment requirement (as defined by section 189), | |
(i) a drug rehabilitation requirement (as defined by section 191), | |
(j) an alcohol treatment requirement (as defined by section 194), | |
(k) a supervision requirement (as defined by section 195), and | |
(l) in a case where the offender is aged under 25, an attendance centre | 20 |
requirement (as defined by section 196). | |
(2) Subsection (1) has effect subject to sections 132 and 200 and to the following | |
provisions of Chapter 4 relating to particular requirements— | |
(a) section 181(3) (unpaid work requirement), | |
(b) section 183(3) and (4) (activity requirement), | 25 |
(c) section 184(4) and (5) (programme requirement), | |
(d) section 185(2) (prohibited activity requirement), | |
(e) section 189(3) (mental health treatment requirement), | |
(f) section 191(2) (drug rehabilitation requirement), and | |
(g) section 194(2) and (3) (alcohol treatment requirement). | 30 |
(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 197) unless— | |
(a) it is prevented from doing so by section 197(2) or 200(4), or | |
(b) in the particular circumstances of the case, it considers it inappropriate | 35 |
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 | 40 |
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 197(2) or 200(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. | 5 |
(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. | |
160 Power to provide for court review of community orders | |
(1) The Secretary of State may by order— | 10 |
(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 | |
(c) make provision as to the timing and conduct of reviews and as to the | 15 |
powers of the court on a review. | |
(2) An order under this section may, in particular, make provision in relation to | |
community orders corresponding to any provision made by sections 173 and | |
174 in relation to suspended sentence orders. | |
(3) An order under this section may repeal or amend any provision of this Part. | 20 |
161 Breach, revocation or amendment of community order | |
Schedule 7 (which relates to failures to comply with the requirements of | |
community orders and to the revocation or amendment of such orders) shall | |
have effect. | |
162 Transfer of community orders to Scotland or Northern Ireland | 25 |
Schedule 8 (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 | 30 |
163 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 165). | 35 |
(2) The term of the sentence— | |
(a) must be expressed in weeks, | |
(b) must be at least 28 weeks, | |
(c) must not be more than 51 weeks in respect of any one offence, and | |
| |
| |
|
| |
| |
(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 | 5 |
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 164(1) and specified in | |
the order. | |
(4) In this Part “custody plus order” means an order under subsection (3)(b). | 10 |
(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. | 15 |
(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 | 20 |
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. | 25 |
164 Licence conditions | |
(1) The requirements falling within this subsection are— | |
(a) an unpaid work requirement (as defined by section 181), | |
(b) an activity requirement (as defined by section 183), | |
(c) a programme requirement (as defined by section 184), | 30 |
(d) a prohibited activity requirement (as defined by section 185), | |
(e) a curfew requirement (as defined by section 186), | |
(f) an exclusion requirement (as defined by section 187), | |
(g) a supervision requirement (as defined by section 195), and | |
(h) in a case where the offender is aged under 25, an attendance centre | 35 |
requirement (as defined by section 196). | |
(2) The power under section 163(3)(b) to determine the conditions of the licence | |
has effect subject to section 200 and to the following provisions of Chapter 4 | |
relating to particular requirements— | |
(a) section 181(3) (unpaid work requirement), | 40 |
(b) section 183(3) and (4) (activity requirement), | |
(c) section 184(4) and (5) (programme requirement), and | |
(d) section 185(2) (prohibited activity requirement). | |
| |
| |
|
