Part 12U.K.Sentencing

Modifications etc. (not altering text)

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Chapter 9E+W+SSupplementary

305Interpretation of Part 12E+W

(1)In this Part, except where the contrary intention appears—

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  • “associated”, in relation to offences, is to be read in accordance with [F3section 400 of the Sentencing Code];

  • “attendance centre” has the meaning given by section 221(2);

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  • “community order” has the meaning given by [F4section 200 of the Sentencing Code];

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  • “court” (without more), except in Chapter 7, does not include a service court[F5, but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006;]

  • “curfew requirement”, in relation to a community order, F6... or suspended sentence order, has the meaning given by [F7paragraph 9(1) of Schedule 9 to the Sentencing Code];

  • “custodial sentence” has the meaning given by [F8section 222 of the Sentencing Code];

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  • “default order” has the meaning given by section 300(3);

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  • “licence” means a licence under Chapter 6;

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  • [F11“ the PCC(S)A 2000 ” means the Powers of Criminal Courts (Sentencing) Act 2000;]

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  • “sentence of imprisonment” does not include a committal—

    (a)

    in default of payment of any sum of money,

    (b)

    for want of sufficient distress to satisfy any sum of money, or

    (c)

    for failure to do or abstain from doing anything required to be done or left undone ,

    and references to sentencing an offender to imprisonment are to be read accordingly;

  • “the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

  • [F12“service court” means—

    (a)

    the Court Martial;

    (b)

    the Summary Appeal Court;

    (c)

    the Service Civilian Court;

    (d)

    the Court Martial Appeal Court; or

    (e)

    the Supreme Court on an appeal brought from the Court Martial Appeal Court;]

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  • “suspended sentence” and “suspended sentence order” have the meaning given by [F13section 286 of the Sentencing Code];

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  • “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

[F14(1A) In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).]

(2)For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.

(3)Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

F15(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 305(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F3Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F4Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F5S. 305(1): words in definition of "court" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(5) (with Sch. 27); S.I. 2020/1236, reg. 2

F8Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(6) (with Sch. 27); S.I. 2020/1236, reg. 2

F11Words in s. 305(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(8) (with Sch. 27); S.I. 2020/1236, reg. 2

F12S. 305(1): definition of "service court" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for definitions of "service court" and "service disciplinary proceedings" by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F13Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(7) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C3S. 305 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I1S. 305 wholly in force at 4.4.2005; s. 305 not in force at Royal Assent, see s. 336(3); s. 305(1)-(3) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 305 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 24 (subject to art. 2(2), Sch. 2)