Part I Powers Exercisable before Sentence

Deferment of sentence

• 1 Deferment of sentence
• 2 Further powers of courts where sentence deferred under section 1

Committal to Crown Court for sentence

• 3 Committal for sentence on summary trial of offence triable either way
• 4 Committal for sentence on indication of guilty plea to offence triable either way
• 5 Power of Crown Court on committal for sentence under sections 3 and 4
• 6 Committal for sentence in certain cases where offender committed in respect of another offence
• 7 Power of Crown Court on committal for sentence under section 6

Remission for sentence: young offenders etc

• 8 Power and duty to remit young offenders to youth courts for sentence
• 9 Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence
• 10 Power of magistrates' court to remit case to another magistrates' court for sentence

Remand by magistrates' court for medical examination

• 11 Remand by magistrates' court for medical examination

Part II Absolute and Conditional Discharge

• 12 Absolute and conditional discharge
• 13 Commission of further offence by person conditionally discharged
• 14 Effect of discharge
• 15 Discharge: supplementary

Part III Mandatory and Discretionary Referral of Young Offenders

Referral orders

• 16 Duty and power to refer certain young offenders to youth offender panels
• 17 The referral conditions
• 18 Making of referral orders: general
• 19 Making of referral orders: effect on court's other sentencing powers
• 20 Making of referral orders: attendance of parents etc

Youth offender panels

• 21 Establishment of panels
• 22 Attendance at panel meetings

Youth offender contracts

• 23 First meeting: agreement of contract with offender
• 24 First meeting: duration of contract
• 25 First meeting: failure to agree contract
• 26 Progress meetings
• 27 Final meeting

Further court proceedings

• 28 Offender referred back to court or convicted while subject to referral order

Supplementary

• 29 Functions of youth offending teams
• 30 Regulations under Part III
• 31 Rules of court
• 32 Definitions for purposes of Part III

Part IV Community Orders and Reparation Orders

• 33 Meaning of “community order” and “community sentence”
• 34 Community orders not available where sentence fixed by law etc
• 35 Restrictions on imposing community sentences
• 36 Procedural requirements for community sentences: pre-sentence reports etc

Curfew orders

• 37 Curfew orders
• 38 Electronic monitoring of curfew orders
• 39 Breach, revocation and amendment of curfew orders
• 40 Curfew orders: supplementary

Probation orders

• 41 Probation orders
• 42 Additional requirements which may be included in probation orders
• 43 Breach, revocation and amendment of probation orders
• 44 Offenders residing in Scotland or Northern Ireland
• 45 Probation orders: supplementary

Community service orders

• 46 Community service orders
• 47 Obligations of person subject to community service order
• 48 Breach, revocation and amendment of community service orders
• 49 Offenders residing in Scotland or Northern Ireland
• 50 Community service orders: supplementary

Combination orders

• 51 Combination orders

Drug treatment and testing orders

• 52 Drug treatment and testing orders
• 53 The treatment and testing requirements
• 54 Provisions of order as to supervision and periodic review
• 55 Periodic reviews
• 56 Breach, revocation and amendment of drug treatment and testing orders
• 57 Copies of orders
• 58 Drug treatment and testing orders: supplementary

Orders for persistent petty offenders

• 59 Curfew orders and community service orders for persistent petty offenders
• 60 Attendance centre orders
• 61 Breach, revocation and amendment of attendance centre orders
• 62 Provision, regulation and management of attendance centres

Supervision orders

• 63 Supervision orders
• 64 Selection and duty of supervisor and certain expenditure of his
• 65 Breach, revocation and amendment of supervision orders
• 66 Facilities for implementing supervision orders
• 67 Meaning of “local authority”, “reside” and “parent”
• 68 Isles of Scilly

Action plan orders

• 69 Action plan orders
• 70 Requirements which may be included in action plan orders and directions
• 71 Action plan orders: power to fix further hearings
• 72 Breach, revocation and amendment of action plan orders
• 73 Reparation orders
• 74 Requirements and provisions of reparation order, and obligations of person subject to it
• 75 Breach, revocation and amendment of reparation orders

Part V Custodial Sentences etc

Meaning of “custodial sentence”

• 76 Meaning of “custodial sentence”

Liability to imprisonment on conviction on indictment

• 77 Liability to imprisonment on conviction on indictment

General limit on magistrates' courts' powers

• 78 General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution

General restrictions on discretionary custodial sentences

• 79 General restrictions on imposing discretionary custodial sentences
• 80 Length of discretionary custodial sentences: general provision

Procedural requirements for imposing discretionary custodial sentences

• 81 Pre-sentence reports and other requirements
• 82 Additional requirements in case of mentally disordered offender

Other restrictions

• 83 Restriction on imposing custodial sentences on persons not legally represented
• 84 Restriction on consecutive sentences for released prisoners

Sexual and violent offences: licences etc

• 85 Sexual or violent offences: extension of certain custodial sentences for licence purposes
• 86 Sexual offences committed before 30th September 1998

Crediting of periods of remand in custody

• 87 Crediting of periods of remand in custody: terms of imprisonment and detention
• 88 Meaning of “remand in custody”

Restriction on imposing imprisonment on persons under 21

• 89 Restriction on imposing imprisonment on persons under 21

Detention at Her Majesty's pleasure or for specified period

• 90 Offenders who commit murder when under 18: duty to detain at Her Majesty's pleasure
• 91 Offenders under 18 convicted of certain serious offences: power to detain for specified period
• 92 Detention under sections 90 and 91: place of detention etc

Custody for life

• 93 Duty to impose custody for life in certain cases where offender under 21
• 94 Power to impose custody for life in certain other cases where offender at least 18 but under 21
• 95 Custody for life: place of detention

Detention in a young offender institution

• 96 Detention in a young offender institution for other cases where offender at least 18 but under 21
• 97 Term of detention in a young offender institution, and consecutive sentences
• 98 Detention in a young offender institution: place of detention

Conversion of sentence of detention or custody to sentence of imprisonment

• 99 Conversion of sentence of detention or custody to sentence of imprisonment

Detention and training orders

• 100 Offenders under 18: detention and training orders
• 101 Term of order, consecutive terms and taking account of remands
• 102 The period of detention and training
• 103 The period of supervision
• 104 Breach of supervision requirements
• 105 Offences during currency of order
• 106 Interaction with sentences of detention in a young offender institution
• 107 Meaning of “secure accommodation” and references to terms

Detention of persons aged at least 18 but under 21 for default or contempt

• 108 Detention of persons aged at least 18 but under 21 for default or contempt
• 109 Life sentence for second serious offence
• 110 Minimum of seven years for third class A drug trafficking offence
• 111 Minimum of three years for third domestic burglary
• 112 Appeals where previous convictions set aside
• 113 Certificates of convictions for purposes of Chapter III
• 114 Offences under service law
• 115 Determination of day when offence committed
• 116 Power to order return to prison etc where offence committed during original sentence
• 117 Treatment for purposes of section 116(1) of person serving two or more sentences or extended sentence

Suspended sentences of imprisonment

• 118 Suspended sentences of imprisonment
• 119 Power of court on conviction of further offence to deal with suspended sentence
• 120 Court by which suspended sentence may be dealt with
• 121 Procedure where court convicting of further offence does not deal with suspended sentence

Suspended sentence supervision orders

• 122 Suspended sentence supervision orders
• 123 Breach of requirement of suspended sentence supervision order
• 124 Suspended sentence supervision orders: revocation, amendment and cessation

Suspended sentences: supplementary

• 125 Suspended sentences: supplementary

Financial circumstances orders

• 126 Powers to order statement as to offender's financial circumstances

Fines: general

• 127 General power of Crown Court to fine offender convicted on indictment
• 128 Fixing of fines
• 129 Remission of fines

Compensation orders

• 130 Compensation orders against convicted persons
• 131 Limit on amount payable under compensation order of magistrates' court
• 132 Compensation orders: appeals etc
• 133 Review of compensation orders
• 134 Effect of compensation order on subsequent award of damages in civil proceedings

Young offenders

• 135 Limit on fines imposed by magistrates' courts in respect of young offenders
• 136 Power to order statement as to financial circumstances of parent or guardian
• 137 Power to order parent or guardian to pay fine, costs or compensation
• 138 Fixing of fine or compensation to be paid by parent or guardian

Miscellaneous powers and duties of Crown Court in relation to fines etc

• 139 Powers and duties of Crown Court in relation to fines and forfeited recognizances
• 140 Enforcement of fines imposed and recognizances forfeited by Crown Court
• 141 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation
• 142 Power of Crown Court to order search of persons before it

Powers to deprive offender of property used etc for purposes of crime

• 143 Powers to deprive offender of property used etc for purposes of crime
• 144 Property which is in possession of police by virtue of section 143
• 145 Application of proceeds of forfeited property

Driving disqualifications

• 146 Driving disqualification for any offence
• 147 Driving disqualification where vehicle used for purposes of crime

Restitution orders

• 148 Restitution orders
• 149 Restitution orders: supplementary

Young offenders

• 150 Binding over of parent or guardian

Part VIII Miscellaneous and Supplementary

Factors to be taken into account in sentencing

• 151 Effect of previous convictions and of offending while on bail
• 152 Reduction in sentences for guilty pleas
• 153 Increase in sentences for racial aggravation

Commencement and alteration of Crown Court sentence

• 154 Commencement of Crown Court sentence
• 155 Alteration of Crown Court sentence

Disclosure of pre-sentence reports etc

• 156 Disclosure of pre-sentence reports
• 157 Other reports of probation officers and members of youth offending teams

Supplementary

• 158 Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders
• 159 Execution of process between England and Wales and Scotland
• 160 Rules and orders

Interpretation

• 161 Meaning of “associated offence”, “sexual offence”, “violent offence” and “protecting the public from serious harm”
• 162 Meaning of “pre-sentence report”
• 163 General definitions
• 164 Further interpretive provisions

Final provisions

• 165 Consequential amendments, transitory modifications, transitional provisions and repeals
• 166 Short title
• 167 Extent
• 168 Commencement

SCHEDULE 1 Youth Offender Panels: Further Court Proceedings

• Part I Referral Back to Appropriate Court
• Part II Further Convictions During Referral
• SCHEDULE 2 Additional Requirements which may be Included in Probation Orders

SCHEDULE 3 Breach, Revocation and Amendment of Curfew, Probation, Community Service, Combination and Drug Treatment and Testing Orders

• Part I Preliminary
• Part II Breach of Requirement of Order
• Part III Revocation of Order
• Part IV Amendment of Order
• SCHEDULE 4 Transfer of Certain Community Orders to Scotland or Northern Ireland
• SCHEDULE 5 Breach, Revocation and Amendment of Attendance Centre Orders
• SCHEDULE 6 Requirements which may be Included in Supervision Orders
• SCHEDULE 7 Breach, Revocation and Amendment of Supervision Orders
• SCHEDULE 8 Breach, Revocation and Amendment of Action Plan Orders and Reparation Orders
• SCHEDULE 9 Consequential Amendments
• SCHEDULE 10 Transitory Modifications

SCHEDULE 11 Transitional Provisions

• Part I General
• Part II Specific Provisions: Replication of Old Transitional Provisions
• Part III Specific Provisions: Miscellaneous Transitional Provisions
• Part IV Interpretation

SCHEDULE 12 Repeals and Revocations

• Part I Acts of Parliament Repealed
• Part II Subordinate Legislation Revoked