Explanatory note

The Sentencing Act 2020, as amended by the Police, Crime, Sentencing and Courts Act 2022, makes provision for special procedures to apply to community orders and suspended sentence orders in certain cases.

The special procedures give both magistrates’ courts and the Crown Court the power to require regular reviews of community and suspended sentence orders in certain cases. A progress report will be produced by probation services for the review hearing and the court may make amendments to certain conditions of the order on considering the report and the outcome of the review discussion. Incentives may be ordered by varying the frequency of review hearings or altering other parts of the order to recognise positive progress. The court may find that a breach of the order has occurred in which case they may hold a breach hearing where they may make amendments to the order and may commit to custody for up to 28 days on no more than 3 occasions during the order.

Section 395A of the Sentencing Act 2020 provides a power for regulations to specify the community or suspected sentence orders which may qualify for special procedures, including by reference to the courts by which the orders are made, the persons who are subject to the orders and the offences to which the orders relate. These Regulations make provision for a period of 18 months from the date they come into force, during which orders may be made which qualify for special procedures.

These Regulations provide that the Crown Court sitting in Bristol may make qualifying orders.

These Regulations detail certain eligible categories of individuals who may be made subject to an order qualifying for special procedures. The individual must be aged 18 or over at the date of conviction. Persons who are subject to notification requirements as defined at section 80(2) of the Sexual Offences Act 2003 at the date of conviction of an offence to which an order is made will not be eligible to be the subject of an order qualifying for special procedures.

These Regulations also set out certain categories of offences where an order qualifying for special procedures cannot be made. These include sexual offences and weapons offences. Exception is made for first-time possession offences where these relate to knives or bladed weapons and the offender has not previously been convicted of a listed weapons offence or a possession of a knife or bladed article offence. In the case of first-time possession offences outlined above the court will retain discretion to consider the suitability of the person to take part in the pilot scheme.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.