Powers of Criminal Courts (Sentencing) Act 2000 in Scotland
2000 c. 6 · Enacted 25 May 2000 · Extends to United Kingdom
An Act to consolidate certain enactments relating to the powers of courts to deal with offenders and defaulters and to the treatment of such persons, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
[25th May 2000]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3C4
Annotations to the whole text
Modifications
- C1
Act modified (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 8(8)
- C2
Act: power to amend conferred (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 7, 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(g)
- C3
Act 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) (with Sch. 1 paras. 9-11, 13, 14, 17, 24, 25, 37-39); S.I. 2012/1236, reg. 2
- C4
Act: power to amend conferred by 2003 c. 44, s. 256AB(4) (as extended (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 247(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2)
Contents
- 1ZAUndertakings to participate in restorative justice activities Repealed
- 1BBreach of undertakings Repealed
- 1CConviction of offence during period of deferment Repealed
- 1DDeferment of sentence: supplementary Repealed
- Remand by magistrates’ court for medical examination
- 11Remand by magistrates’ court for medical examination.
- Part II: ABSOLUTE AND CONDITIONAL DISCHARGE
- 14Effect of discharge. Repealed
- 21Establishment of panels. Repealed
- 23First meeting: agreement of contract with offender. Repealed
- 24First meeting: duration of contract. Repealed
- 25First meeting: failure to agree contract. Repealed
- 26Progress meetings. Repealed
- 27Final meeting. Repealed
- 27ARevocation of referral order where offender making good progress etc. Repealed
- 27BExtension of period for which young offender contract has effect Repealed
- 29Functions of youth offending teams. Repealed
- 30Regulations under Part III. Repealed
- Part IV: Youth community orders and reparation orders
- 34Community orders not available where sentence fixed by law etc. Repealed
- 36APre-sentence drug testing. Repealed
- Curfew orders Repealed
- Exclusion orders Repealed
- 40CExclusion orders: supplementary. Repealed
- Chapter III: Community orders available only where offender aged 16 or over
- Probation orders
- 44Offenders residing in Scotland or Northern Ireland. Repealed
- Community punishment orders
- 49Offenders residing in Scotland or Northern Ireland. Repealed
- Community punishment and rehabilitation orders
- 51Community punishment and rehabilitation orders. Repealed
- 53The treatment and testing requirements. Repealed
- 55Periodic reviews. Repealed
- 56Breach, revocation and amendment of drug treatment and testing orders. Repealed
- 58ADrug abstinence orders. Repealed
- 58BDrug abstinence orders: supplementary. Repealed
- 64ASupervision orders and curfew orders Repealed
- 65Breach, revocation and amendment of supervision orders. Repealed
- 67Meaning of “local authority”, “reside” and “parent”. Repealed
- 68Isles of Scilly. Repealed
- Action plan orders Repealed
- 71Action plan orders: power to fix further hearings. Repealed
- 72Breach, revocation and amendment of action plan orders. Repealed
- General restrictions on discretionary custodial sentences
- 80Length of discretionary custodial sentences: general provision. Repealed
- Procedural requirements for imposing discretionary custodial sentences
- 81Pre-sentence reports and other requirements. Repealed
- 82Additional requirements in case of mentally disordered offender. Repealed
- Sexual and violent offences: licences etc.
- Crediting of periods of remand in custody Not yet in force
- 104AApplication of sections 103 to 105 in relation to orders under section 104(3)(aa) Repealed
- 104BInteraction of orders under section 104(3)(a) with other sentences Repealed
- Chapter IV: Return to prison etc. where offence committed during original sentence
- Suspended sentences of imprisonment
- 118Suspended sentences of imprisonment. Repealed
- 119Power of court on conviction of further offence to deal with suspended sentence. Repealed
- 120Court by which suspended sentence may be dealt with. Repealed
- 121Procedure where court convicting of further offence does not deal with suspended sentence. Repealed
- Suspended sentence supervision orders
- Suspended sentences: supplementary
- 125Suspended sentences: supplementary. Repealed
- Financial circumstances orders
- 126Powers to order statement as to offender’s financial circumstances. Repealed
- Fines: general
- 127General power of Crown Court to fine offender convicted on indictment. Repealed
- 129Remission of fines. Repealed
- 135Limit on fines imposed by magistrates’ courts in respect of young offenders. Repealed
- 144Property which is in possession of police by virtue of section 143. Repealed
- 145Application of proceeds of forfeited property. Repealed
- 147BEffect of custodial sentence in other cases Repealed
- 149Restitution orders: supplementary. Repealed
- Part VIII: Miscellaneous and supplementary
- 151Effect of previous convictions and of offending while on bail. Repealed
- 152Reduction in sentences for guilty pleas. Repealed
- 156Disclosure of pre-sentence reports. Repealed
- Supplementary
- 159Execution of process between England and Wales and Scotland.
- Final provisions
- 167Extent.
- Introductory Repealed
- Mode of referral back to court Repealed
- 2Paragraph 2 Repealed
- Bringing the offender before the court Repealed
- Detention and remand of arrested offender Repealed
- 4Paragraph 4 Repealed
- Power of court where it upholds panel’s decision Repealed
- Appeal Repealed
- 6Paragraph 6 Repealed
- Power of court to impose fine or extend period for which contract has effect Repealed
- 6AParagraph 6A Repealed
- Consequences of Court not revoking referral order or orders Repealed
- Exception where court satisfied as to completion of contract Repealed
- 8Paragraph 8 Repealed
- Discharge of extension orders Repealed
- 9Paragraph 9 Repealed
- Power to adjourn hearing and remand offender Repealed
- Part 1ZA: Referral back to appropriate court: extension of period for which contract has effect Repealed
- 9ZBIntroductory Repealed
- 9ZCMode of referral back to court Repealed
- 9ZDPower of court Repealed
- 9ZESupplementary Repealed
- Part 1a: referral of parent or guardian for breach of section 20 order Repealed
- 9AIntroductory Repealed
- 9BMode of referral to court Repealed
- 9DPower of court to make parenting order: application of supplemental provisions Repealed
- 9EAppeal Repealed
- 9FEffect on section 20 order Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Extension where further offence committed after referral Repealed
- 12Paragraph 12 Repealed
- Interpretation Repealed
- 15Paragraph 15 Repealed
- ... Repealed
- Repealed
- Repealed
- Paragraph Repealed
- Repealed
- Repealed
- Repealed
- Paragraph Repealed
- Part I: Preliminary Repealed
- Definitions Repealed
- Orders made on appeal Repealed
- Functions of responsible officer Not yet in force
- 2AParagraph 2A Not yet in force
- Part II: Breach of requirement of order Repealed
- Issue of summons or warrant Repealed
- Powers of magistrates’ court Repealed
- Powers of Crown Court Repealed
- Exclusions from paragraphs 4 and 5 Repealed
- Attendance centre orders imposed for breach of relevant order Repealed
- Supplementary Repealed
- Part III: Revocation of order Repealed
- Revocation of order with or without re-sentencing: powers of magistrates’ court Repealed
- Revocation of order with or without re-sentencing: powers of Crown Court on conviction et ceteralaetc. Repealed
- Revocation following custodial sentence by magistrates’ court unconnected with order Repealed
- 14Paragraph 14 Repealed
- Supplementary Repealed
- 17Paragraph 17 Repealed
- Amendment by reason of change of residence Repealed
- Amendment of drug treatment and testing order Repealed
- Supplementary Repealed
- 23Paragraph 23 Repealed
- Schedule 4: Transfer of certain community orders to Scotland or Northern Ireland Repealed
- ... Repealed
- Paragraph Repealed
- Repealed
- Paragraph Repealed
- Repealed
- Paragraph Repealed
- Repealed
- Paragraph Repealed
- Repealed
- Paragraph Repealed
- Repealed
- Paragraph Repealed
- Breach of order or attendance centre rules
- Revocation of order with or without re-sentencing
- Amendment of order
- Orders made on appeal
- 6Paragraph 6
- Orders for defaulters
- 7Paragraph 7
- Requirement to reside with named individual Repealed
- Requirement to comply with directions of supervisor Repealed
- Requirements as to activities, reparation, night restrictions et ceteralaetc. Repealed
- Requirement to live for specified period in local authority accommodation Repealed
- Requirement to live for specified period with local authority foster parent Repealed
- Requirements as to treatment for mental condition Repealed
- Requirements as to education Repealed
- Exercise of powers under paragraphs 3, 6 and 7 Repealed
- 8Paragraph 8 Repealed
- Meaning of “relevant court”, et ceteralaetc. Repealed
- Breach of requirement of supervision order Repealed
- Curfew orders imposed for breach of supervision order Repealed
- Attendance centre orders imposed for breach of supervision order Repealed
- Revocation and amendment of supervision order Repealed
- Amendment of order on report of medical practitioner Repealed
- 6Paragraph 6 Repealed
- Presence of offender in court, remands et ceteralaetc. Repealed
- Restrictions on court’s powers to revoke or amend order Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Copies of revoking or amending orders Repealed
- Appeals Repealed
- 11Paragraph 11 Repealed
- Power of parent or guardian to make application on behalf of young person Repealed
- 12Paragraph 12 Repealed
- ... Repealed
- Breach of requirement of ... reparation order Repealed
- Curfew orders imposed for breach of action plan order or reparation order Repealed
- Attendance centre orders imposed for breach of action plan or reparation order Repealed
- Revocation and amendment of ... reparation order Repealed
- Presence of offender in court, remands et ceteralaetc. Repealed
- Power to adjourn hearing and remand offender Repealed
- Appeals Repealed
- Schedule 9: Consequential amendments
- Children and Young Persons Act 1933 (c. 12)
- 1Paragraph 1 Repealed
- 2Paragraph 2
- 3Paragraph 3
- Prison Act 1952 (c. 52)
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Army Act 1955 (c. 18)
- 8Paragraph 8 Repealed
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11 Repealed
- 12Paragraph 12
- Air Force Act 1955 (c. 19)
- 13Paragraph 13 Repealed
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16 Repealed
- 17Paragraph 17
- Naval Discipline Act 1957 (c. 53)
- 18Paragraph 18 Repealed
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21 Repealed
- 22Paragraph 22
- Children and Young Persons Act 1963 (c. 37)
- 23Paragraph 23 Repealed
- Criminal Justice Act 1967 (c. 80)
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26
- 27Paragraph 27
- Criminal Appeal Act 1968 (c. 19)
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- Firearms Act 1968 (c. 27)
- 31Paragraph 31
- Health Services and Public Health Act 1968 (c. 46)
- 32Paragraph 32
- 33Paragraph 33 Repealed
- Social Work (Scotland) Act 1968 (c. 49)
- 34Paragraph 34 Repealed
- Theft Act 1968 (c. 60)
- 35Paragraph 35
- Civil Evidence Act 1968 (c. 64)
- 36Paragraph 36 Repealed
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)
- 37Paragraph 37 Repealed
- Children and Young Persons Act 1969 (c. 54)
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40
- 41Paragraph 41 Repealed
- 42Paragraph 42 Repealed
- Administration of Justice Act 1970 (c. 31)
- 43Paragraph 43
- Attachment of Earnings Act 1971 (c. 32)
- 44Paragraph 44 Repealed
- Consumer Credit Act 1974 (c. 39)
- 45Paragraph 45
- Solicitors Act 1974 (c. 47)
- 46Paragraph 46
- Rehabilitation of Offenders Act 1974 (c. 53)
- 47Paragraph 47 Repealed
- 48Paragraph 48
- 49Paragraph 49 Repealed
- Bail Act 1976 (c. 63)
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52 Repealed
- 53Paragraph 53
- 54Paragraph 54
- Criminal Law Act 1977 (c. 45)
- 55Paragraph 55 Repealed
- 56Paragraph 56
- 57Paragraph 57
- Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
- 58Paragraph 58
- 59Paragraph 59 Repealed
- Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
- 60Paragraph 60 Repealed
- Magistrates’ Courts Act 1980 (c. 43)
- 61Paragraph 61 Repealed
- 62Paragraph 62 Repealed
- 63Paragraph 63 Repealed
- 64Paragraph 64
- 65Paragraph 65 Repealed
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69 Repealed
- 70Paragraph 70
- 71Paragraph 71 Repealed
- 72Paragraph 72
- 73Paragraph 73 Repealed
- 74Paragraph 74 Repealed
- 75Paragraph 75
- 76Paragraph 76 Repealed
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- Public Passenger Vehicles Act 1981 (c. 14)
- 81Paragraph 81 Repealed
- Criminal Attempts Act 1981 (c. 47)
- 82Paragraph 82 Repealed
- Contempt of Court Act 1981 (c. 49)
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85 Repealed
- 86Paragraph 86 Repealed
- Senior Courts Act 1981 (c. 54)
- 87Paragraph 87
- 88Paragraph 88 Repealed
- Criminal Justice Act 1982 (c. 48)
- 89Paragraph 89
- Mental Health Act 1983 (c. 20)
- 90Paragraph 90
- 91Paragraph 91 Repealed
- Telecommunications Act 1984 (c. 12)
- 92Paragraph 92 Repealed
- Child Abduction Act 1984 (c. 37)
- 93Paragraph 93 Repealed
- Repatriation of Prisoners Act 1984 (c. 47)
- 94Paragraph 94 Repealed
- Police and Criminal Evidence Act 1984 (c. 60)
- 95Paragraph 95
- 96Paragraph 96 Repealed
- 97Paragraph 97
- 98Paragraph 98
- Prosecution of Offences Act 1985 (c. 23)
- 99Paragraph 99
- Protection of Military Remains Act 1986 (c. 35)
- 100Paragraph 100 Repealed
- Public Order Act 1986 (c. 64)
- 101Paragraph 101 Repealed
- Criminal Justice Act 1988 (c. 33)
- 102Paragraph 102
- 103Paragraph 103 Repealed
- 104Paragraph 104
- 105Paragraph 105 Repealed
- 106Paragraph 106 Repealed
- 107Paragraph 107 Repealed
- 108Paragraph 108 Repealed
- 109Paragraph 109 Repealed
- 110Paragraph 110 Repealed
- 111Paragraph 111 Repealed
- 112Paragraph 112 Repealed
- 113Paragraph 113 Repealed
- 114Paragraph 114
- Copyright, Designs and Patents Act 1988 (c. 48)
- 115Paragraph 115 Repealed
- 116Paragraph 116 Repealed
- Road Traffic Act 1988 (c. 52)
- 117Paragraph 117
- Road Traffic Offenders Act 1988 (c. 53)
- 118Paragraph 118 Repealed
- 119Paragraph 119
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122
- 123Paragraph 123 Repealed
- Extradition Act 1989 (c. 33)
- 124Paragraph 124 Repealed
- Football Spectators Act 1989 (c. 37)
- 125Paragraph 125 Repealed
- Children Act 1989 (c. 41)
- 126Paragraph 126 Repealed
- 127Paragraph 127 Repealed
- 128Paragraph 128 Repealed
- 129Paragraph 129 Repealed
- 130Paragraph 130
- 131Paragraph 131 Repealed
- 132Paragraph 132 Repealed
- Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
- 133Paragraph 133
- Criminal Justice Act 1991 (c. 53)
- 134Paragraph 134
- 135Paragraph 135
- 136Paragraph 136 Repealed
- 137Paragraph 137 Repealed
- 138Paragraph 138
- 139Paragraph 139 Repealed
- 140Paragraph 140 Repealed
- 141Paragraph 141
- 142Paragraph 142 Repealed
- 143Paragraph 143
- 144Paragraph 144
- 145Paragraph 145 Repealed
- 146Paragraph 146
- 147Paragraph 147
- 148Paragraph 148
- 149Paragraph 149
- Social Security Administration Act 1992 (c. 5)
- 150Paragraph 150 Repealed
- Aggravated Vehicle-Taking Act 1992 (c. 11)
- 151Paragraph 151 Repealed
- Local Government Finance Act 1992 (c. 14)
- 152Paragraph 152
- Probation Service Act 1993 (c. 47)
- Pension Schemes Act 1993 (c. 48)
- 157Paragraph 157 Repealed
- Vehicle Excise and Registration Act 1994 (c. 22)
- 158Paragraph 158 Repealed
- 159Paragraph 159 Repealed
- Criminal Justice and Public Order Act 1994 (c. 33)
- 160Paragraph 160
- 161Paragraph 161 Repealed
- 162Paragraph 162 Repealed
- Drug Trafficking Act 1994 (c. 37)
- 163Paragraph 163 Repealed
- 164Paragraph 164 Repealed
- 165Paragraph 165 Repealed
- 166Paragraph 166 Repealed
- 167Paragraph 167 Repealed
- 168Paragraph 168 Repealed
- 169Paragraph 169 Repealed
- 170Paragraph 170 Repealed
- 171Paragraph 171 Repealed
- 172Paragraph 172 Repealed
- 173Paragraph 173 Repealed
- Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
- 174Paragraph 174
- Children (Scotland) Act 1995 (c. 36)
- 175Paragraph 175
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- 176Paragraph 176 Repealed
- 177Paragraph 177
- 178Paragraph 178 Repealed
- London Local Authorities Act 1995 (c. x)
- 179Paragraph 179 Repealed
- Criminal Evidence (Amendment) Act 1997 (c. 17)
- 180Paragraph 180 Repealed
- Social Security (Recovery of Benefits) Act 1997 (c. 27)
- 181Paragraph 181
- Crime (Sentences) Act 1997 (c. 43)
- 182Paragraph 182 Repealed
- 183Paragraph 183
- 184Paragraph 184
- 185Paragraph 185
- 186Paragraph 186
- 187Paragraph 187 Repealed
- 188Paragraph 188 Repealed
- Sex Offenders Act 1997 (c. 51)
- 189Paragraph 189 Repealed
- 190Paragraph 190 Repealed
- Data Protection Act 1998 (c. 29)
- 191Paragraph 191 Repealed
- Crime and Disorder Act 1998 (c. 37)
- 192Paragraph 192 Repealed
- 193Paragraph 193 Repealed
- 194Paragraph 194 Repealed
- 195Paragraph 195 Repealed
- 196Paragraph 196 Repealed
- 197Paragraph 197
- 198Paragraph 198 Repealed
- 199Paragraph 199 Repealed
- 200Paragraph 200 Repealed
- 201Paragraph 201 Repealed
- 202Paragraph 202
- 203Paragraph 203 Repealed
- Access to Justice Act 1999 (c. 22)
- 204Paragraph 204 Repealed
- Youth Justice and Criminal Evidence Act 1999 (c. 23)
- 205Paragraph 205 Repealed
- Section 8 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Section 13 Repealed
- 3Paragraph 3 Repealed
- Sections 63 and 66 and Schedule 7 Repealed
- 4Paragraph 4 Repealed
- Section 67 Repealed
- 5Paragraph 5 Repealed
- Section 69 Repealed
- 6Paragraph 6 Repealed
- Section 73 Repealed
- 7Paragraph 7 Repealed
- Section 83 Repealed
- 8Paragraph 8 Repealed
- Sections 122 and 124 Repealed
- 9Paragraph 9 Repealed
- Section 150 Repealed
- 10Paragraph 10 Repealed
- Section 155 Repealed
- 11Paragraph 11 Repealed
- Schedule 3 Repealed
- Schedule 5 Repealed
- 13Paragraph 13 Repealed
- Schedule 6 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Meaning of “the relevant commencement date”, et ceteralaetc. Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- Power to make transitional provision Repealed
- 18Paragraph 18 Repealed
- Saving for old transitional provisions Repealed
- 19Paragraph 19 Repealed
- Part I: General
- Continuity of the law: general
- 1Paragraph 1
- General saving for old transitional provisions and savings
- 2Paragraph 2
- Use of existing forms etc.
- 3Paragraph 3
- Sections 37, 41, 46 and 79 and Schedules 2, 3 and 6: consent requirements Repealed
- Section 37: minimum age for curfew order Repealed
- 5Paragraph 5 Repealed
- Custodial sentences for young offenders: section 98 and re-sentencing powers Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Sections 143, 147, 148 and 150: miscellaneous transitional provisions Repealed
- 8Paragraph 8 Repealed
- 10Paragraph 10 Repealed
- Part III: Specific provisions: miscellaneous transitional provisions Repealed
- Part IV: Interpretation Repealed
- 14Paragraph 14 Repealed
- Schedule 12: Repeals and revocations Repealed
- IActs of Parliament repealed Repealed
- IISubordinate legislation revoked Repealed