Sentencing and Adjournments in Adult Courts: Orders, Ancillary Orders, and Notifications, Study notes of History

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Criminal behaviour order 1 Individual support order 2 Community order 3 Community order requirements 5 Community order requirements – alcohol abstinence, exclusion and attendance monitoring 6a Breach of a community order 6c Custodial sentence 7 Deferment of sentence 9 Discharge – absolute 10 Discharge – conditional 10 Disqualification – general 11 Updated October 2021 ADULT COURT PRONOUNCEMENT CARDS Sentencing: 1 Contents Drink-driving rehabilitation courses 12 Disqualification – interim 13 Disqualification – until test passed 14 Financial penalties: 15 • compensation & fine 15 Ancillary Orders: 15 • surcharge and costs 15 Hospital order 17 Referral order 18 Suspended sentence order 19 Suspended sentence order requirements 21 Suspended sentence order requirements – alcohol abstinence, exclusion and attendance monitoring 22a Breach of a suspended sentence order (failure to comply with requirements) – activation of the sentence 22c Breach of a suspended sentence order (failure to comply with requirements) – non-activation of the sentence 22e Breach of a suspended sentence order (further offence during operational period) – activation of sentence 22h Breach of a suspended sentence order (further offence during operational period) – non activation of sentence 22j CONTENTS Sentencing: 1 Ancillary orders – general: 6 CONTENTS Bind over 55 Exclusion order – licensed premises 56 Football banning order 57 Parenting order (failing to send child to school) 59 Restraining order 60 Contingent Destruction Order (Prohibited dogs – Dangerous Dogs Act 1991) 61 Contingent Destruction Order (Non-prohibited dogs – Dangerous Dogs Act 1991) 63 Keeping a dog under proper control (Dogs Act 1871) 65 Disqualification from having custody of a dog (Dangerous Dogs Act 1991) 66 Disqualification from having custody of any animal/animal(s) of a specified type(s) (Animal Welfare Act 2006) 67 1 1SENTENCINGBack to Contents Criminal behaviour order We are making a criminal behaviour order in this case for […………. years][until further order]. We are satisfied that you have engaged in behaviour that has caused or is likely to cause harassment, alarm or distress and consider making an order will help prevent you engaging in such behaviour. We are making this order because ………………………………………….. While you are on this order you must: [State the prohibited acts.] [State the required acts.] If you do not comply with this order you will commit a serious offence and may be sent to custody. Do you understand? You must wait for a copy of the order before you leave the court building. Sentencing 1 2SENTENCINGBack to Contents Sentencing Individual support order (for 10-17 year olds only) We are also making an individual support order for a period of ………….. months (max 6) because this should help you stop behaving in an antisocial manner in the future. During this time you must ……………… [Explain the requirements as outlined by the Youth Offending Team.] You must do what the responsible officer tells you to do. If you do not, you could be brought back to court and fined, or dealt with in some other way. You or your officer can apply to this court to have the order reviewed. 1 5SENTENCINGBack to Contents Sentencing Community order requirements Alcohol treatment – You are to have [residential] [non-residential] treatment under the direction of Dr ……………. for a period of ............. Do you agree to this requirement? Attendance centre – You must go to the attendance centre at which you are directed to attend by your responsible officer. You must complete a total of ………….. hours on the days specified by the officer in charge of the centre. Curfew – You must remain at [state address] between the hours of ……. on the following days ……………………. You will be fitted with an electronic tag which will be fitted by the monitoring company at your address, during curfew hours. The order will last for …………….. months/weeks/days and will end at …….. on …….. You must not interfere with the tag or the base unit. Drug rehabilitation – We intend you to have [residential] [non-residential] treatment under the direction of ………………… and provide samples for testing when required for a period of ………… This will be reviewed by the court on ………. when you must attend. Do you agree to this requirement? Foreign travel prohibition – You must not travel to any country outside of the British Isles [on …………] [for a period of …………]. [For alcohol abstinence, exclusion and attendance monitoring requirements see page 6a] Mental health treatment – You are to have [residential] [non-residential] treatment under the direction of Dr …………… for a period of …………. until …………[insert date]. Do you agree to this requirement? 6SENTENCINGBack to Contents Programme – You must take part in a programme as directed by your supervisor for a period of ……… days. Prohibited activity – You must not ………. [for a period of ………] [on the following days …….] until ………… [insert date]. Rehabilitation activity – You will be under the supervision of a responsible officer, during which time you must comply with any instructions given to you and attend all appointments. In addition, you must carry out up to [.......] days of activity as directed by your responsible officer. Residence – You must live at …………… until ………………… [if applicable] unless your responsible officer agrees you can live at a different address. Unpaid work – You must carry out ………………… hours of unpaid work in the community as instructed by your responsible officer. This must be completed by ………… [insert date]. 1 6aSENTENCINGBack to Contents Sentencing Community order requirements – alcohol abstinence, exclusion and attendance monitoring Alcohol abstinence and monitoring – [Starting now] [From ………… [insert date]] and whilst you are waiting for your tag to be fitted, you must not [consume alcohol] for a period of …… until …… [insert date] and during that period you must submit to monitoring to check that you are complying. [Where the defendant has no fixed address, include the following.] The tagging equipment will be installed at a Probation office and you must attend that office on a date and time notified to you by your responsible officer to have your tag fitted. They will also arrange a time to upload the information from your tag. You must attend at that time and comply with any reasonable instructions given to you for each further upload. Exclusion – You must not enter …………….. [for a period of 24 hours a day for a period of ……….] [between the hours of …….. and ......….. until ………… [insert date(s)]]. You will be fitted with an electronic tag and monitored by GPS. Attendance monitoring – You must go to ………………… [state activity or appointment] at ……. [insert time] on ……….. [insert date(s)] at …… [state location]. Location monitoring – You will be subject to electronic monitoring for a period of …… This means your movements will be electronically monitored by GPS tagging. All – You will be fitted with a tag by the monitoring company. The tag must be worn at all times 6dSENTENCINGBack to Contents keep the battery charged as instructed. You must allow access for the monitoring company staff so they can fit the tag and explain how it works. You must comply with any reasonable instructions given to you. [and/or] 3b. Order to continue and breach dealt with by unpaid work Your original order will continue. For this breach, you must carry out [an additional] ………. hours unpaid work in the community as instructed by your responsible officer. This must be completed by ………… [insert date]. [and/or] 3c. Order to continue and breach dealt with by further requirement Your original order will continue. For this breach, we are imposing a further requirement of ……. [state which requirement is being imposed]. 4. Where the original order has expired Your original community order has ended. For this breach, we are fining you £…….. [If applicable] We have taken into account the fact that you have admitted the breach(es). [If applicable] We are extending the length of the order [by ……….months/weeks/days] [until …..] to allow time for the requirements to be completed. Our reasons are: [State your reasons] Do you understand? [If applicable consider any ancillary orders] 1 7SENTENCINGBack to Contents Sentencing Custodial sentence We are sending you to [prison] [a young offender institution] for a total period of ………………… days/ weeks/months. • [State each offence. • State the term of custody. • State whether concurrent or consecutive.] 1. The offence(s) is/are so serious that only a custodial sentence can be justified. [or] 2. There has been a wilful and persistent failure to comply with your community order. [or] 3. You have refused to agree to the making of a ……………requirement on a community order. Our reasons are: [State your reasons] 8SENTENCINGBack to Contents [If applicable.] We have reduced your sentence because you pleaded guilty. If you had not, it would have been …………….. ……..days that you have spent on a tagged curfew will count towards this sentence. Any time spent on remand will be calculated by the appropriate authority/prison/YOI. [If the defendant has been remanded or on a tagged curfew for more than 9 hours a day, your legal adviser will calculate the number of days to be taken into account.] If sentencing for an offence(s) committed after 31 January 2015 – You will normally be released on licence once you have served half your sentence. Your licence will continue until the end of your sentence and if you are convicted of a further offence, or breach any of the other requirements of your licence, you may be returned to prison. At the end of your licence period, you will then be further supervised in the community. The supervision will end 12 months after your date of release from prison. If you do not comply with the terms of this supervision, you may be brought back to court and given a further penalty which can include sending you to prison. Do you understand? [If applicable consider any ancillary orders, compensation and/or disqualification] Back to Contents 1 11SENTENCING Sentencing Disqualification – general You are disqualified from driving for ………………….. days/weeks/months/years. This means you cannot drive any motor vehicle on a road or public place from this moment until the end of your disqualification. If you drive while disqualified, you will commit a serious offence and you may be sent to custody and disqualified again. If the disqualification is 56 days or more – You must apply to the DVLA for a new photocard licence if you wish to drive once your disqualification has ended. You should not drive until you have received your new photocard licence. [Where a photocard licence has not been surrendered to the court] Your current photocard licence is no longer valid and you must send it to the DVLA. If you are a high risk offender – You must satisfy the DVLA that you are medically fit to drive again. You will need to complete, and pay for, a medical assessment including blood tests. If the disqualification is for 55 days or less – The disqualification will be noted on your DVLA driving record. You do not need to hand in your photocard licence, but it is not valid until the disqualification has ended. If an immediate custodial sentence is imposed – The period of your disqualification will be extended to take into account the custodial sentence imposed. Do you understand? [If applicable consider any ancillary orders and/or compensation] [If applicable consider drink-driving rehabilitation course] 12SENTENCINGBack to Contents 1Sentencing Drink-driving rehabilitation courses We are offering you the opportunity to reduce the period of your disqualification by ………………. weeks if you successfully complete a drink-driver rehabilitation course by ………………. This course will last at least 16 hours spread over a number of days. You will have to pay the cost of the course. If you wish to have the opportunity of reducing your disqualification you must tell us now. It cannot be offered later. You are not forced to attend the course but if you do not attend and complete it, to the satisfaction of the course organisers, you will have to serve the whole disqualification. Do you agree to attend the course? [If applicable consider any ancillary orders and/or compensation] 1 13SENTENCINGBack to Contents Sentencing Disqualification – interim For the offence(s) of ………………. we are imposing an interim disqualification. This starts now and will last for a period of six months or until you are sentenced, whichever comes first. When you are sentenced you will be told exactly how long your disqualification will be. Today’s disqualification will count towards any final disqualification that may be imposed. You cannot drive any motor vehicle on a road or public place from this moment. If you drive whilst disqualified, you will commit a serious offence and you may be sent to prison and disqualified again. Do you understand? [Deal with bail/remand as appropriate] [For unconditional bail see page 26.] [For conditional bail see page 27.] [For remand in custody post conviction (either-way & indictable offence) see page 29b] [For remand in custody post conviction (summary and imprisonable offence) see page 30b] 16SENTENCINGBack to Contents Payment details You have a total of £………… to pay. This is due now. Can you pay it in full today? We make a collection order, which allows court staff to make sure that the sum is paid as ordered. You must pay on the day(s) when ordered to do so and you must notify the court of any change in your financial circumstances or address. [State reasons if a collection order is not made.] If you do not make the payments as ordered, you will be brought back to court and you could be sent to prison. Do you understand? For existing defaulters or where compensation ordered [or where consent is given] We make [an attachment of earnings order] [a deduction from benefit order]. If for any reason this order fails, you must pay it at the rate of £…………. per week/month starting on ………………………………. 1 17SENTENCINGBack to Contents Sentencing Hospital order We have considered your medical reports and all the circumstances and are making a hospital order so that you get the treatment you need. You will be taken to ………. hospital [today] [within the next 28 days and until then you will be kept in a place of safety]. How long you stay in hospital will depend upon how well you respond to your treatment. Do you understand? Back to Contents 1 18SENTENCING Sentencing Referral order (for 10-17 year olds only) For the offence(s) of …………………….. we are making a referral order for ………. months. You will meet a panel of people who will be told of the following facts about your offending …………………………………………. They will then ask you to agree and sign a contract that will include activities to stop you offending again. The order starts on the day you sign the contract. If you do not sign it, or do the things listed in it, you can be brought back to the court and given a different sentence. [State names of parent(s)/guardian(s)/local authority representative(s)] ………. must also attend the meetings. Your order will be supervised by the …………….. Youth Offending Team. You must wait for a copy of the order before you leave the court building. You must also pay a surcharge of £.......... Do you understand? 1 21SENTENCINGBack to Contents Sentencing Suspended sentence order requirements Alcohol treatment – You are to have [residential] [non-residential] treatment under the direction of Dr ……………. for a period of ............. Do you agree to this requirement? Attendance centre – You must go to the attendance centre at which you are directed to attend by your responsible officer. You must complete a total of ………….. hours on the days specified by the officer in charge of the centre. Curfew – You must remain at [state address] between the hours of ……. on the following days ……………………. You will be fitted with an electronic tag which will be fitted by the monitoring company at your address, during curfew hours. The order will last for …………….. months/weeks/ days and will end at …….. on …….. You must not interfere with the tag or the base unit. Drug rehabilitation – We intend you to have [residential] [non-residential] treatment under the direction of ………………… and provide samples for testing when required for a period of ………… This will be reviewed by the court on ………. when you must attend. Do you agree to this requirement? Foreign travel prohibition – You must not travel to any country outside of the British Isles [on …………] [for a period of …………] [For alcohol abstinence, exclusion and attendance monitoring requirements see page 22a] Mental health treatment – You are to have [residential] [non-residential] treatment under the direction of Dr …………… for a period of …………. until …………[insert date]. Do you agree to this requirement? 22SENTENCINGBack to Contents Programme – You must take part in a programme as directed by your supervisor for a period of ……… days. Prohibited activity – You must not ………. [for a period of ………] [on the following days …….] until ………… [insert date]. Rehabilitation activity – You will be under the supervision of a responsible officer, during which time you must comply with any instructions given to you and attend all appointments. In addition, you must carry out up to [.......] days of activity as directed by your responsible officer. Residence – You must live at …………… until ………………… [if applicable] unless your responsible officer agrees you can live at a different address. Unpaid work – You must carry out ………………… hours of unpaid work in the community as instructed by your responsible officer. This must be completed by ………… [insert date]. 1 22aSENTENCINGBack to Contents Sentencing Suspended sentence order requirements – alcohol abstinence, exclusion and attendance monitoring Alcohol abstinence and monitoring – [Starting now] [From ………… [insert date]] and whilst you are waiting for your tag to be fitted, you must not [consume alcohol] for a period of …… until …… [insert date] and during that period you must submit to monitoring to check that you are complying. [Where the defendant has no fixed address, include the following.] The tagging equipment will be installed at a Probation office and you must attend that office on a date and time notified to you by your responsible officer to have your tag fitted. They will also arrange a time to upload the information from your tag. You must attend at that time and comply with any reasonable instructions given to you for each further upload. Exclusion – You must not enter …………….. [for a period of 24 hours a day for a period of ……….] [between the hours of …….. and ......….. until ………… [insert date(s)]]. You will be fitted with an electronic tag and monitored by GPS. Attendance monitoring – You must go to ………………… [state activity or appointment] at ……. [insert time] on ……….. [insert date(s)] at …… [state location]. Location monitoring – You will be subject to electronic monitoring for a period of …… This means your movements will be electronically monitored by GPS tagging. All – You will be fitted with a tag by the monitoring company. The tag must be worn at all times 22dSENTENCINGBack to Contents If sentencing for an offence(s) committed after 31 January 2015 – You will normally be released on licence once you have served half your sentence. Your licence will continue until the end of your sentence and if you are convicted of a further offence, or breach any of the other requirements of your licence, you may be returned to prison. At the end of your licence period, you will then be further supervised in the community. The supervision will end 12 months after your date of release from prison. If you do not comply with the terms of this supervision, you may be brought back to court and given a further penalty which can include sending you to prison. Do you understand? [If applicable consider any ancillary orders] 1 22eSENTENCINGBack to Contents Sentencing Breach of a suspended sentence order (failure to comply with requirements) – non-activation of the sentence We are satisfied that you have failed to comply with the requirements of your suspended sentence order. However, we are not activating the original suspended sentence. We are satisfied it would be unjust to do so in all the circumstances because [State your reasons] 1. Breach dealt with by a fine Your original order will continue. For this breach, we are fining you £…….. [or] 2. Breach dealt with by extending operational period Your original order will continue. For this breach, we are extending the operational period by ………. months/weeks/days [until …..]. [or] Where the suspended sentence order imposes a community requirement: 3a. Breach dealt with by curfew Your original order will continue. For this breach, we are imposing [an additional curfew requirement] [a curfew requirement] of ………. days. You must remain at [state address] between the hours of ………. on the following days ………. The curfew will start at ….. on ….. and end at ….. on ….. and will last for …………….. months/weeks/days. 22fSENTENCINGBack to Contents [Where the curfew requirement is new] You will be fitted with a tag by the monitoring company at your address during your curfew hours. The tag must be worn at all times during the term of the requirement(s). You must not remove or interfere with the equipment in any way, and you must keep the battery charged as instructed. You must allow access for the monitoring company staff so they can fit the tag and explain how it works. You must comply with any reasonable instructions given to you. [and/or] 3b. Breach dealt with by unpaid work Your original order will continue. For this breach, you must carry out [an additional] ………. hours unpaid work in the community as instructed by your responsible officer. This must be completed by ………… [insert date]. [and/or] 3c. Breach dealt with by further requirement Your original order will continue. For this breach, we are imposing a further requirement of ……. [state which requirement is being imposed]. [and/or] 3d. Breach dealt with by extending the supervision period Your original order will continue. We are extending the supervision period of the order [by ……….months/weeks/days] [until …..] [and/or] 3e. Breach dealt with by extending operational period Your original order will continue. We are extending the operational period of the order [by ……….months/weeks/days] [until …..] 22iSENTENCINGBack to Contents This is made up of …………………… This will be served [at the end of the new sentence] [immediately]. This means you will serve a total of ………… [days][weeks][months] [If applicable] We have taken into account the fact that you have admitted the breach(es). Our reasons are: [State your reasons] If sentencing for an offence(s) committed after 31 January 2015 – You will normally be released on licence once you have served half your sentence. Your licence will continue until the end of your sentence and if you are convicted of a further offence, or breach any of the other requirements of your licence, you may be returned to prison. At the end of your licence period, you will then be further supervised in the community. The supervision will end 12 months after your date of release from prison. If you do not comply with the terms of this supervision, you may be brought back to court and given a further penalty which can include sending you to prison. Do you understand? [If applicable consider any ancillary orders] 1 22jSENTENCINGBack to Contents Sentencing Breach of a suspended sentence order (further offence during operational period) – non activation of sentence You have been convicted of a further offence whilst subject to a suspended sentence order. However, we are not activating the original suspended sentence. We are satisfied it would be unjust to do so in all the circumstances because [State your reasons] For the new offence(s) we impose the following: • [State each offence. Where there are multiple offences, state each date of offence. • State the sentence imposed for each offence, and if a term of custody, whether it is concurrent or consecutive.] 1. Breach dealt with by a fine Your original order will continue. For this breach, we are fining you £…….. [or] 2. Breach dealt with by extending operational period Your original order will continue. For this breach, we are extending the operational period by ………. months/weeks/days [until …..]. [or] 22kSENTENCINGBack to Contents Where the suspended sentence order imposes a community requirement: 3a. Breach dealt with by curfew Your original order will continue. For this breach, we are imposing [an additional curfew requirement] [a curfew requirement] of ………. days. You must remain at [state address] between the hours of ………. on the following days ………. The curfew will start at ….. on ….. and end at ….. on ….. and will last for …………….. months/weeks/days. [Where the curfew requirement is new] You will be fitted with a tag by the monitoring company at your address during your curfew hours. The tag must be worn at all times during the term of the requirement(s). You must not remove or interfere with the equipment in any way, and you must keep the battery charged as instructed. You must allow access for the monitoring company staff so they can fit the tag and explain how it works. You must comply with any reasonable instructions given to you. [and/or] 3b. Breach dealt with by unpaid work Your original order will continue. For this breach, you must carry out [an additional] ………. hours unpaid work in the community as instructed by your responsible officer. This must be completed by ………… [insert date]. [and/or] 3c. Breach dealt with by further requirement Your original order will continue. For this breach, we are imposing a further requirement of ……. [state which requirement is being imposed]. [and/or] Adjournments 2 ADJOURNMENTSBack to Contents Interim hospital order We are making an interim hospital order until …………………. We have considered two medical reports and are satisfied that you are suffering from ……………………………… You will be admitted to ………. hospital [today] [within the next 28 days and until then you will be kept in a place of safety]. While you are in hospital further reports will be prepared to help us make a decision on how we should deal with you. 24 Adjournments 2 ADJOURNMENTSBack to Contents Adjournment for pre-sentence reports [There is a presumption in favour of an oral report on the same day wherever possible. Offences which require a full assessment, e.g. a treatment requirement or for domestic violence/sexual offences or prolific offenders may require an adjournment. Local practices differ.] We are putting your case back until …………….. am/pm today [or until…………..]. You must see and co-operate with a probation officer who will prepare a [written][oral] report which will give us more information about you. You may be asked questions to help them consider whether you are suitable for a particular sentence. This is not an indication of the sentence you may be given. The court may impose any sentence that the law allows [including a custodial sentence]. [If an either-way offence.] We could still commit you to the Crown Court for a greater sentence than we can impose. [Deal with bail/remand as appropriate] [For unconditional bail see page 26] [For conditional bail see page 27] [For remand in custody post conviction (either-way & indictable offence) see page 29b] [For remand in custody post conviction (summary imprisonable offence) see page 30b] 25 Adjournments 2 ADJOURNMENTSBack to Contents Unconditional bail You are granted unconditional bail to appear before this court on ………… at ……… am/pm. If you do not come back to court at that date and time, you may commit an offence. You could be arrested, fined or sent to prison. If you commit an offence while on bail, your sentence will be greater. [If applicable.] Your case is listed for trial on the next occasion. If you do not attend, the trial will proceed in your absence, unless it is not in the interests of justice to do so. [State what must happen at the next hearing and make any directions necessary to ensure effective case management.] 26 Adjournments 2 ADJOURNMENTSBack to Contents 28a Conditional bail – exclusion and attendance monitoring [State in exact terms what the conditions are e.g. • exclusion: You must not enter ……………… This exclusion applies [24 hours a day until your bail ends] [between the hours of ….. on ………. [insert date(s)] • attendance monitoring: You must go to ………………… [state activity or appointment] at ……. [insert time] on ……….. [insert date(s)] at …… [state location].] [If applicable.] The [exclusion][curfew][attendance] condition(s) will be electronically monitored. You will be fitted with a GPS tag at your address by the monitoring company. The tag must be worn at all times during the term of the bail condition. You must not remove or interfere with the tagging equipment in any way, and you must keep the battery charged. You must allow access for the monitoring company staff so they can fit the tag and explain how it works. You must comply with any reasonable instructions given to you. [Where the conditions imposed do not include a tagged curfew, include the following.] You must remain at [state address] between 5pm and midnight until ……… [insert date two days from now], ADJOURNMENTSBack to Contents 28b so your tag can be fitted and the monitoring equipment installed. This condition will end once the tag has been fitted. You must co-operate with the fitting of the tag and installation of the monitoring equipment. Adjournments 2 ADJOURNMENTSBack to Contents 29 Remand in custody pre-conviction (either–way & indictable offences) You are remanded in custody until …………………………. We are not granting you bail because: 1. there are substantial grounds to believe that: (a) you will not come back to court [and/or] (b) you will commit an offence [and/or] (c) you will interfere with witnesses or obstruct the course of the case [and/or] 2. it is alleged you have committed this offence whilst on bail [and/or] 3. you have previously been released on conditional bail and have not kept to those conditions [In any of the above exceptions] and if you are convicted, we believe, there is a real prospect of you receiving a custodial sentence for this offence [and/or] 4. there are substantial grounds to believe that you will commit an offence that is likely to cause, or make ………… [insert details of associated person] fear physical or mental injury [and/or] ADJOURNMENTSBack to Contents 6. we are satisfied that this is for your own protection [and/or] 7. you are already a serving prisoner [and/or] 8. we are satisfied that we do not have enough information and we cannot reach a decision about bail. [and/or] 9. this is the only appropriate way to make sure a report is prepared. We believe this because: a. of the nature and seriousness of the offence and how you might be dealt with for it [and/or] b. of your criminal record and personal background and character [and/or] c. you have not complied with previous grants of bail [and/or] d. of the strength of the evidence against you [and/or] e. you may engage in conduct that may cause, or make an associated person fear injury [and/or] f. [any other relevant reason - insert details.] [If the next hearing is by videolink state] You will not be produced before the court on …… but will take part in the hearing over a live television link in the same way as if you were here in person. 29c Adjournments 2 ADJOURNMENTSBack to Contents Remand in custody pre-conviction (summary imprisonable offences) You are remanded in custody until …………………………. We are not granting you bail because: 1. we believe that you will not come back to court because of your previous failure to do so [and/or] 2. there are substantial grounds to believe that you will commit another offence on bail because this offence is alleged to have been committed on bail [and/or] 3. you have previously been released on conditional bail and have not kept to those conditions and we have substantial grounds to believe that: (a) you will not come back to court [and/or] (b) you will commit an offence [and/or] (c) you will interfere with witnesses or obstruct the course of the case [In any of the above exceptions] and if you are convicted, we believe, there is a real prospect of you receiving a custodial sentence for this offence [and/or] 30 ADJOURNMENTSBack to Contents 4. there are substantial grounds to believe that you will commit an offence that is likely to cause, or make ………… [insert details of associated person] fear physical or mental injury [and/or] 5. you have tested positive for ………… [insert details of Class A drug] but will not agree to a drug assessment and/or treatment [and/or] 6. we are satisfied that this is for your own protection [and/or] 7. you are already a serving prisoner [and/or] 8. we are satisfied that we do not have enough information and we cannot reach a decision about bail. [If the next hearing is by videolink state] You will not be produced before the court on …… but will take part in the hearing over a live television link in the same way as if you were here in person. 30a Adjournments 2 ADJOURNMENTSBack to Contents Remand in custody pre-conviction (non-imprisonable offences) You are remanded in custody until …………………………….. We are not granting you bail because: 1. you have previously been released on conditional bail and have not kept to those conditions and we have substantial grounds to believe you would commit an offence that is likely to cause, or make ………… [insert details of associated person] fear physical or mental injury [and/or] 2. we are satisfied that this is for your own protection [and/or] 3. you are already a serving prisoner. [If the next hearing is by videolink state] You will not be produced before the court on …… but will take part in the hearing over a live television link in the same way as if you were here in person. 31 Adjournments 2 ADJOURNMENTSBack to Contents Remand in custody post-conviction (non-imprisonable offences) You are remanded in custody until …………………………….. We are not granting you bail because: 1. we believe that you will not come back to court because of your previous failure to do so [and/or] 2. you have previously been released on conditional bail and have not kept to those conditions and we have substantial grounds to believe that: (a) you will not come back to court [and/or] (b) you will commit an offence [and/or] (c) you will interfere with witnesses or obstruct the course of of the case [and/or] 3. you have previously been released on conditional bail and have not kept to those conditions and we have substantial grounds to believe you would commit an offence that is likely to cause, or make ………… [insert details of associated person] fear physical or mental injury [and/or] 4. we are satisfied that this is for your own protection [and/or] 5. you are already a serving prisoner. [If the next hearing is by videolink state] You will not be produced before the court on …… but will take part in the hearing over a live television link in the same way as if you were here in person. 31a Adjournments 2 ADJOURNMENTSBack to Contents 32 Remand to local authority accommodation (under 18 year olds only, either-way & indictable offences) You are remanded to local authority accommodation until…………………….. Until then you will be the responsibility of/looked after by………………[insert designated local authority details]. We are not granting you bail because: 1. there are substantial grounds to believe that: (a) you will not come back to court [and/or] (b) you will commit an offence [and/or] (c) you will interfere with witnesses or obstruct the course of the case [and/or] 2. it is alleged you will commit an offence on bail, because this offence was committed on bail [and/or] 3. you have previously been released on conditional bail and have not kept to those conditions [and/or] 4. there are substantial grounds to believe you would commit an offence that is likely to cause, or make ………… [insert details of associated person] fear physical or mental injury [and/or] 5. we are satisfied that it should be refused for your own welfare [and/or] 6. you are already serving a custodial sentence [and/or] 7. we are satisfied that we do not have enough information to decide if you can be released [and/or] ADJOURNMENTSBack to Contents 33a 5. we are satisfied that it should be refused for your own welfare [and/or] 6. you are already serving a custodial sentence [and/or] 7. we are satisfied that we do not have enough information to decide if you can be released. You must come back to court on ……………. at am/pm. [If applicable.] You will be placed in local authority accommodation with the following conditions …………… [State in exact terms what the conditions will be, e.g. • to live where directed by the Youth Offending Team/local authority • where they cannot live • reporting to a police station • non-contact with witnesses • any other necessary condition.] If you breach any of the conditions, you will be arrested and brought back to court and we may decide that you should be remanded to Youth Detention Accommodation. Adjournments 2 ADJOURNMENTSBack to Contents 34 Remand to local authority accommodation (under 18 year olds only, non-imprisonable offences) You are remanded to local authority accommodation until…………………….. Until then you will be the responsibility of/looked after by………………[insert designated local authority details]. We are not granting you bail because: 1. we believe that you will not come back to court because of your previous failure to do so [and/or] 2. you have previously been released on conditional bail and have not kept to those conditions and we have substantial grounds to believe that: (a) you will not come back to court [and/or] (b) you will commit an offence [and/or] (c) you will interfere with witnesses or obstruct the course of the case [and/or] 3. you have previously been released on conditional bail and have not kept to those conditions and we have substantial grounds to believe you would commit an offence that is likely to cause, or make ………… [insert details of associated person] fear physical or mental injury [and/or] ADJOURNMENTSBack to Contents 34a 4. we are satisfied that it should be refused for your own welfare [and/or] 5. you are already serving a custodial sentence. You must come back to court on ……………. at am/pm. [If applicable.] You will be placed in local authority accommodation with the following conditions …………… [State in exact terms what the conditions will be, e.g. • to live where directed by the Youth Offending Team/local authority • where they cannot live • reporting to a police station • non-contact with witnesses • any other necessary condition.] If you breach any of the conditions, you will be arrested and brought back to court. Adjournments 2 ADJOURNMENTSBack to Contents 36 Remand to youth detention accommodation 1st set of conditions (youths aged 12-17, summary imprisonable offences) You are remanded to youth detention accommodation until…………………….. Until then you will be the responsibility of/looked after by………………[insert designated local authority details]. We are not granting you bail because: 1. there are substantial grounds to believe that you will commit an offence on bail, because this offence was committed on bail [and/or] 2. there are substantial grounds to believe you would commit an offence that is likely to cause, or make ………… [insert details of associated person] fear physical or mental injury [and/or] 3. we believe you will not come back to court because of your previous failure to do so [and/or] 4. you have previously been released on conditional bail and have not kept to those conditions and we have substantial grounds to believe that: (a) you will not come back to court [and/or] (b) you will commit an offence [and/or] (c) you will interfere with witnesses or obstruct the course of the case [and/or] ADJOURNMENTSBack to Contents 36a 5. we are satisfied that it should be refused for your own welfare [and/or] 6. you are already serving a custodial sentence [and/or] 7. we are satisfied that we do not have enough information to decide if you can be released. You are charged with a [serious] [violent] [sexual] offence. A remand to youth detention accommodation is necessary [to protect the public from death or serious harm from you] [to prevent you from committing further imprisonable offences] because …………… Adjournments 2 ADJOURNMENTSBack to Contents 37 Remand to youth detention accommodation 2nd set of conditions (youths aged 12-17, either-way & indictable offences) You are remanded to local authority accommodation until…………………….. Until then you will be the responsibility of/looked after by………………[insert designated local authority details]. We are not granting you bail because: 1. there are substantial grounds to believe that: (a) you will not come back to court [and/or] (b) you will commit an offence [and/or] (c) you will interfere with witnesses or obstruct the course of the case [and/or] 2. it is alleged you will commit an offence on bail, because this offence was committed on bail [and/or] 3. you have previously been released on conditional bail and have not kept to those conditions [and/or] 4. there are substantial grounds to believe you would commit an offence that is likely to cause, or make ………… [insert details of associated person] fear physical or mental injury [and/or] 5. we are satisfied that it should be refused for your own welfare [and/or] 6. you are already serving a custodial sentence [and/or] ADJOURNMENTSBack to Contents 38a 5. we are satisfied that it should be refused for your own welfare [and/or] 6. you are already serving a custodial sentence [and/or] 7. we are satisfied that we do not have enough information to decide if you can be released. You are charged with an offence that carries a custodial sentence and we are satisfied that there is a real prospect you will receive such a sentence. You have a recent history of absconding whilst subject to custodial remands and this offence is said to have been committed whilst on such a remand. [and/or] This offence, together with others you have been convicted of, shows a recent history of committing imprisonable offences whilst on bail or subject to custodial remands because ………………… A remand to youth detention accommodation is necessary [to protect the public from death or serious harm from you] [to prevent you from committing further imprisonable offences] because …………… Cases to be heard in the Crown Court 3 39CASES TO BE HEARD IN THE CROWN COURTBack to Contents Sending for trial (S.51 Crime and Disorder Act 1998) You are being sent for trial to the Crown Court sitting at …………. for the following offences: • [State indictable only offences first. • State any related either-way or summary offences.] You will attend there on ……………………… for [a preliminary hearing] [plea and case management hearing] [a plea and trial preparation hearing]. [Deal with bail/remand as appropriate] [For unconditional bail see page 26] [For conditional bail see page 27] [For remand in custody pre-conviction (either-way & indictable offence) see page 29] [Note: A person charged with murder must be remanded in custody to appear before the Crown Court as soon as reasonably practicable and in any event, within 48 hours of tomorrow’s date. Saturdays, Sundays, Christmas Day, Good Friday and Bank Holidays are excluded.] 40CASES TO BE HEARD IN THE CROWN COURTBack to Contents Committal for sentence You are committed to the Crown Court sitting at …………. for sentence. The offence(s) is/are so serious that you need greater punishment than we can give. [If applicable.] The following offences will also be dealt with at the same time by the Crown Court …………. [Deal with bail/remand as appropriate] [For unconditional bail see page 26] [For conditional bail see page 27] [For remand in custody post conviction (either-way & indictable offence) see page 29b] Sexual offences 4 43SEXUAL OFFENCESBack to Contents Notification requirements (on sentence) You have been convicted and sentenced for (a) sexual offence(s) that is/are listed in Schedule 3 of the Sexual Offences Act 2003. Within 3 days [of your release] you must also go to a police station and tell them: • your full name, including all other names you may use • your date of birth • your national insurance number • your bank account, credit and debit card, passport and identity document details • your main address and any other addresses you may reside at. If you have no main address, every 7 days, you must provide an address or location in the UK where you can regularly be found. You must also notify the police if you stay at an address where anyone under the age of 18 lives. If you change your name or use an address for more than a total of 7 days in a year, you must tell the police within 3 days of it happening. If you intend to travel abroad regardless of the length of the trip, you must give the police 7 days advance notice of your plans. 44SEXUAL OFFENCESBack to Contents You must confirm your details to the police every 12 months even if they are the same. You must comply with these notification requirements for ……… years. If you do not provide the correct information to the police on time, you will commit an offence and could be sent to prison. Do not leave the court building until you have a written notice of what you have to do. Sexual offences 4 45SEXUAL OFFENCESBack to Contents Notification order (offences committed outside UK) You have committed (a) sexual offence(s) outside the UK. If you had committed the offence in the UK you would have been required to notify the police of certain things. Therefore, we are making a notification order for ………………….. years. Within 3 days [of your release] you must also to go to ……………………. police station and tell them: • your full name, including all other names you may use • your date of birth • your national insurance number • your bank account, credit and debit card, passport and identity document details • your main address and any other addresses you may reside at. If you have no main address, every 7 days, you must provide an address or location in the UK where you can regularly be found. You must also notify the police if you stay at an address where anyone under the age of 18 lives. Sexual offences 4 48SEXUAL OFFENCESBack to Contents Sexual harm prevention order We are making a sexual harm prevention order for a period of ………. You have been dealt with for (a) sexual offence(s) and it is necessary to protect the public from sexual harm from you. This means that for the next …………..........… years you must not …………………………......... [State in exact terms what prohibitions you impose based on the defendant’s behaviour.] [The only prohibitions that may be imposed are those that are necessary for the purpose of protecting the public from sexual harm from the defendant. Where foreign travel is prohibited the court must order that any passport be surrendered.] If you breach this order, you commit a serious offence and could be sent to prison. Do not leave the court building until you have a copy of the order. Reporting restrictions 5 49REPORTING RESTRICTIONSBack to Contents Sexual offences (S.1 Sexual Offences (Amendment) Act 1992) It is a criminal offence to publish or broadcast any matter that is likely to identify the alleged victim. This automatic restriction will apply during the alleged victim’s lifetime, unless otherwise directed by this court or the Crown Court. Reporting restrictions 5 50REPORTING RESTRICTIONSBack to Contents Reporting restrictions for children and young people in criminal proceedings (S.45 Youth Justice and Criminal Evidence Act 1999) We are directing that there must be no publication of any details if they are likely to lead members of the public to identify the [defendant] [alleged victim] [witness] as a person concerned in the proceedings. This includes their name, address, school, educational establishment, place of work or anything else that may identify them, including any still or moving picture. Publication includes any printed or broadcast media as well as information published online including social media sites such as Facebook and Twitter. We impose this restriction because ……………………………………….. This order will last until the person concerned is 18 years old or another order is made. Breach of the order is a criminal offence. Reporting restrictions 5 53REPORTING RESTRICTIONSBack to Contents Avoiding a substantial risk of prejudice to the administration of justice (S.4 Contempt of Court Act 1981) We order that publication of these proceedings [other pending/imminent proceedings] is postponed until ………………………………….. We consider there to be a risk of substantial prejudice in the administration of justice because …………………………………… Reporting restrictions 5 54REPORTING RESTRICTIONSBack to Contents Withholding information from the public in the interests of the administration of justice (S.11 Contempt of Court Act 1981) We allow a [name] [address] [other details] to be withheld from the public in these proceedings because ……………………………. Therefore, we make the following directions: • [State the specific purpose for making the order. • State the precise scope of the order. • State the exact length of the order and when it ceases to have effect.] Ancillary orders – general 6 55ANCILLARY ORDERS – GENERALBack to Contents Ancillary orders - general Bind over We are thinking of binding you over to keep the peace. This means that for a period of ………………. months you must keep the peace [especially towards ………………]. You must refrain from ……………………………………….. [specify the conduct or activity to be refrained from]. If you break the order you will have to pay up to £………………. Do you agree to be bound over? You are bound over in the sum of £…………. for …………….. months. 58ANCILLARY ORDERS – GENERALBack to Contents You will be committing an offence if you break any of the requirements and you could be sent to prison. Once two thirds of the order is complete, you can ask the court to consider ending the order. Do you understand? Do not leave the court building until you have a copy of the order. Ancillary orders – general 6 59ANCILLARY ORDERS – GENERALBack to Contents Parenting order (failing to send child to school) We are making a parenting order for ………………….. months. This is to help prevent you committing another offence of failing to send your child(ren) to school. The responsible officer is ……………………….. and they will give you instructions about the sessions you must attend to help you to provide better care, protection and support to your child(ren). You must attend these and do as instructed. If you do not, you could be brought back to court and fined. [If there are any further requirements state them here.] You or the officer can ask to review this order at any time. Do you understand? Ancillary orders – general 6 60ANCILLARY ORDERS – GENERALBack to Contents Restraining order We are making a restraining order for the purpose of protecting ………………. [for a period of …………………….] [until further order]. During this period you must not ……………………………………….. [State in precise terms what the defendant cannot do.] If you do any of these things, you commit a serious offence and could be sent to prison. Do you understand?