Section 46 Assault of retail worker: duty to make criminal behaviour orderI1

In Chapter 1 of Part 11 of the Sentencing Code (criminal behaviour orders), after section 331 (power to make criminal behaviour order) insert—

“Duty to make order for offence of assaulting retail worker

331A

(1)

This section applies where—

(a)

a person is convicted of an offence under section 45 of the Crime and Policing Act 2026 (assault of retail worker),

(b)

the prosecution makes an application to the court for a criminal behaviour order to be made against the offender,

(c)

the offender is aged 18 or over at the time the prosecution makes the application, and

(d)

the court does not impose a custodial sentence or make a youth rehabilitation order, a community order, or a suspended sentence order in respect of—

(i)

the offence mentioned in paragraph (a),

(ii)

any other offence of which the offender is convicted by or before it, or

(iii)

any other offence for which it deals with the offender.

(2)

Section 331 applies as if for subsections (2) and (3) of that section there were substituted—

“(2)

Subject to subsection (3), the court must, in addition to dealing with the offender for the offence, make a criminal behaviour order against the offender.

(3)

Subsection (2) does not apply if—

(a)

the court is of the opinion that there are exceptional circumstances which—

(i)

relate to the offence or the offender, and

(ii)

justify not making a criminal behaviour order, or

(b)

the court makes an order for absolute discharge under section 79 in respect of the offence.”

(3)

Section 332 applies as if for subsection (1) of that section there were substituted—

“(1)

For the purpose of forming an opinion as to whether there are exceptional circumstances as mentioned in subsection (3)(a) of section 331 (as modified by subsection (2) of section 331A), the court may consider evidence led by the prosecution and evidence led by the offender.””