Sentencing guidelines for use in Crown Court

• causing unnecessary suffering (s.4);
• mutilation (s.5);
• docking of dogs’ tails (ss.6(1) and 6(2));
• administration of poisons etc. (s.7);
• fighting etc. (s.8) and
• breach of duty to ensure welfare (s.9)

is the owner of an animal in relation to which the offence was committed, the court may, instead of or in addition to dealing with them in any other way, make an order depriving them of ownership of the animal and for its disposal, including by destruction.

Where the owner of an animal is convicted of breaching an animal disqualification order under section 34(2)  the court by or before which the offender is convicted may, instead of or in addition to dealing with them in any other way, make an order depriving them of ownership of the animal and for its disposal, including by destruction.

Where the animal in respect of which an order is made has any dependent offspring, the order may include provision depriving the person to whom it relates of ownership of the offspring and for its disposal, including by destruction.

• appoint a person to carry out, or arrange for the carrying out of, the order;
• require any person who has possession of an animal to which the order applies to deliver it up to enable the order to be carried out;
• give directions with respect to the carrying out of the order;
• confer additional powers (including power to enter premises where an animal to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;
• order the offender to reimburse the expenses of carrying out the order.

The order may also

• specify the manner in which an animal is to be disposed of, or
• delegate the decision about the manner in which an animal is to be disposed of to a person appointed.

Animal Welfare Act, section 38

• causing unnecessary suffering (s.4);
• mutilation (s.5);
• docking of dogs’ tails (s.6(1) and 6(2));
• administration of poisons etc. (s.7);
• fighting etc. (s.8(1) and (2)) and
• breach of duty to ensure welfare (s.9)

may order the destruction of an animal in relation to which the offence was committed if it is satisfied, on the basis of evidence given by a veterinary surgeon, that it is appropriate to do so in the interests of the animal.

The court must give the owner of the animal an opportunity to be heard, unless it is satisfied that it is not reasonably practicable to communicate with the owner.

The court must give the owner of the animal an opportunity to be heard, unless it is satisfied that it is not reasonably practicable to communicate with the owner.

• appoint a person to carry out, or arrange for the carrying out of, the order;
• require a person who has possession of the animal to deliver it up to enable the order to be carried out;
• give directions with respect to the carrying out of the order (including directions about how the animal is to be dealt with until it is destroyed);
• confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;
• order the offender or another person to reimburse the expenses of carrying out the order.

• causing unnecessary suffering (s.4);
• mutilation (s.5);
• docking of dogs’ tails (ss.6(1) and 6(2));
• administration of poisons etc. (s.7);
• fighting etc. (s.8);
• breach of duty to ensure welfare (s.9);
• breach of licensing or registration requirements (s.13(6) and
• breach of a disqualification order (s.34(9))

The court may instead of, or in addition to, dealing with the offender in any other way, make a disqualification order.

• owning or keeping animals;
• participating in the keeping of animals;
• being party to an arrangement under which they are entitled to control or influence the way in which animals are kept;
• dealing in animals; and/or
• transporting or arranging the transport of animals.

In imposing a disqualification order the court can impose an all animals order involving a prohibition against owning or keeping etc any animal or an order limited to a certain type of animal. An order cannot specify a number of animals that can be kept etc.

Where any animal taken into possession is owned by the offender subject to the disqualification, the order has effect as an order for the disposal of the animal.

Any animal taken into possession who is not owned by the offender subject to the disqualification, should be dealt with in such manner as the court may order. The Court cannot make an order for its disposal unless the owner has had the opportunity to be heard, or the court is satisfied that it is not reasonably practicable to communicate with them.

In determining the length of the order, the court will consider:

• the circumstances of the offence
• the extent to which the offender is, and in the future is likely to be able to care for animals
• the extent of insight the offender has into the welfare of animals. Where the offender has no or limited insight a lengthy or lifetime ban may be appropriate

The court may also specify a period during which the offender may not make an application under section 43(1) for termination of the order.

Breach of disqualification from keeping an animal.

2.    There is no statutory limit on the amount of compensation that may be imposed in respect of offences for an offender aged 18 or over. Compensation may also be ordered in respect of offences taken into consideration (Sentencing Code, s.139).

3.    If there are multiple victims who are to receive compensation, a separate compensation order must be made in relation to each offence. Where there are multiple offences against the same victim, one order for compensation can be made and attached to the most serious of those offences. The duty to give reasons also applies where compensation is awarded in respect of some offences but not all.

4.    Where the personal injury, loss or damage arises from a road accident, a compensation order may be made only if there is a conviction for an offence under the Theft Act 1968, or the offender is uninsured and the Motor Insurers’ Bureau will not cover the loss (Sentencing Code s. 136). Compensation can include loss of all or part of a victim’s no claims bonus.

6.    Compensation may be ordered for such amount as the court considers appropriate having regard to any evidence and any representations made by the offender or prosecutor. The court must also take into account the offender’s means (see also paragraphs 10 -12 below).

7.    Compensation should benefit, not inflict further harm on, the victim. Any financial recompense from the offender may cause distress. A victim may or may not want compensation from the offender and assumptions should not be made either way. The victim’s views are properly obtained through sensitive discussion by the police or witness care unit, when it can be explained that the offender’s ability to pay will ultimately determine whether, and how much, compensation is ordered and whether the compensation will be paid in one lump sum or by instalments. If the victim does not want compensation, this should be made known to the court and respected.

8.    In cases where it is difficult to ascertain the full amount of the loss suffered by the victim, consideration should be given to making a compensation order for an amount representing the agreed or likely loss. Where relevant information is not immediately available, it may be appropriate to grant an adjournment if it would enable it to be obtained. However, compensation orders are for straightforward cases and a court should not embark on a detailed inquiry as to the extent of any injury, loss or damage – that is better left to civil proceedings, but the making of a compensation order does not preclude a victim from making a civil claim at a later date, subject to the Limitation Act 1980.

9.    The court should consider two types of loss:

• financial loss sustained as a result of the offence such as the cost of repairing damage or, in case of injury, any loss of earnings or medical expenses;
• pain and suffering caused (whether physical or psychological) and any interference with day to day activities. This should be assessed in light of all factors that appear to the court to be relevant, including any medical evidence, the victim’s age and personal circumstances.

10. Once the court has formed a preliminary view of the appropriate level of compensation, it must have regard to the means of the offender so far as they are known. Where the offender has little money, the order may have to be scaled down or additional time allowed to pay; the court may allow compensation to be paid over a period of up to three years in appropriate cases.

The collection order must state:

(a)  the amount of the sum due, including the amount of any fine, compensation order or other sum

(b)  whether the court considers the offender to be an existing defaulter and if so whether the existing default (or defaults) can be disregarded

(c)  whether the court has made an attachment of earnings order or an application for benefit deductions

(d)  if the court has not made an attachment of earnings order or application for benefit deductions, the payment terms

(e)  if an attachment of earnings order or application for benefit deductions has been made, the reserve terms (in other words, the payment terms that will apply if the AEO or ABD fails). It will often be appropriate to set a reserve term of payment in full within 14 days.

Schedule 5 to the Courts Act 2003

2.    Where, following conviction in a magistrates’ court, the prosecutor applies for the offender to be committed to the Crown Court with a view to a confiscation order being considered, the magistrates’ court must commit the offender to the Crown Court to be sentenced there (section 70 POCA).

3.    Where, but for the prosecutor’s application under s.70, the magistrates’ court would have committed the offender for sentence to the Crown Court anyway it must say so. Otherwise, the powers of sentence of the Crown Court will be limited to those of the magistrates’ court.

4.    If postponing confiscation, the court must adjourn all other financial orders, including compensation, costs and a fine (see section 15 of POCA). Confiscation must be dealt with before, and taken into account when assessing, any other fine or financial order (except compensation and trafficking reparation order (STRO) or unlawful profit order (UPO)). If the court makes both a confiscation order and an order for compensation (or STRO or UPO) and the court believes the offender will not have sufficient means to satisfy both orders in full, the court must direct that the compensation be paid out of sums recovered under the confiscation order. (See section 13 of POCA)

6.    Where an order is made following an agreement by the parties this should be recorded in the order and it is prudent to ensure that the offender signs the schedule of available or realisable assets. Where an order is made after a contested hearing, it will follow the court’s findings of fact.

The order

• prohibits the offender from doing anything described in the order, and/or
• requires the offender to do anything described in the order.

• the person has been convicted of an offence
• the prosecutor has made an application to the court for a CBO to be made against the offender
• the CBO would be made in addition to dealing with the offender for the offence, and
• the offender has not been absolutely discharged in respect of the offence.

(Sentencing Code, s331(1) - (3))

For special considerations where the application for a CBO is made against an offender aged under 18, see below.

For the power to adjourn an application for a CBO until after the offender has been sentenced for the offence (and to make an interim order during the adjournment), see below.

• is satisfied that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person, and
• considers that making the order will help in preventing the offender from engaging in such behaviour.

(Sentencing Code, s331(2)).

The behaviour to be addressed does not need to be connected to the criminal behaviour, or activity which led to the conviction. However, if there is no link the court will need to reflect on the reasons for making the order.

A CBO can deal with a wide range of anti-social behaviour following the offender’s conviction, for example threatening violence against others in the community, or persistently being drunk and aggressive in public. However, the order should not be designed to stop reasonable, trivial or benign behaviours that have not caused, or are not likely to cause anti-social behaviour.

The standard of proof is the criminal standard.

For this purpose, evidence may be led by the prosecution and/or the offender.

The strict rules of evidence do not apply.  It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted. But the evidence must be relevant to the test to be applied to the making of the order. This evidence could include hearsay or bad character.

Special measures are available for witnesses who are vulnerable and intimidated witnesses in accordance with the Youth Justice and Criminal Evidence Act 1999 (Sentencing Code, s340).

• proportionate, reasonable and tailored to the specific needs of each offender
• realistic, practical and precise
• capable of being understood by the offender, and
• sufficiently clear so that any breach can be prosecuted.

A CBO should not prohibit particular conduct which itself constitutes a criminal offence where the purpose of the order is to provide for an increased penalty in the event of repetition in breach of the order.

Prohibitions and requirements in a CBO must, so far as practicable, be such as to avoid—

• any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and
•  any conflict with the requirements of any other court order to which the offender may be subject.

There is no power to make any prohibition or requirement in a CBO subject to electronic monitoring.

The court must also receive evidence about its suitability and enforceability from that individual or an individual representing the organisation.

If the criminal behaviour order includes two or more requirements, the court must consider their compatibility with each other.

Where the offender is an adult (when the order is made), the order must be for either a fixed period of not less than 2 years, or an indefinite period (so that the order has effect until further order).

See below as to the duration of a CBO made against a child.

The order may specify periods for which particular prohibitions or requirements have effect.

Duty to obtain views of Youth Justice Services

The prosecution must find out the views of the local youth offending team before applying for a criminal behaviour order. (Sentencing Act 2020, s.331(5)).

Length of the CBO

The order must be for a fixed period of length between 1 and 3 years. (Sentencing Act 2020, s.334(4)).

Parenting order on making of CBO

Where the court has made a CBO against an offender aged under 16, it must make a parenting order if doing so would be desirable in the interests of preventing any repetition of the kind of behaviour which led to the CBO being made.

The court may make a parenting order in the case on offender aged 16 or 17 where that condition is fulfilled

(Crime and Disorder Act 1998, ss.8 and 9).

If the offender fails to appear on the adjourned date, the court has powers to issue a warrant or proceed in absence.

The court can make an interim order if the it thinks it is just to do so. An interim order can be made until final hearing or further order.

When making an interim CBO, the court has the same powers as if it were making a final order.

Breach of a criminal behaviour order guideline.

Facilitating the commission of the offence includes any steps taken to, either dispose of any property relating to the offence or avoid apprehension or detection.

• driving; attempting to drive, or being in charge of a vehicle,
• failing to provide a specimen or give permission for such a test in the course of an investigation into whether they had committed an offence while driving, attempting to drive or being in charge of a vehicle. Road Traffic Act 1988 section 7 or 7A, or
• failing, as the driver of a vehicle, to stop and give information or report an accident. Road Traffic Act 1988, section 170(2) and (3).

Those offences are:

• an offence under the Road Traffic Act 1988 which is punishable with imprisonment
• an offence of manslaughter
• an offence under section 35 of the Offences against the Person Act 1861 (wanton and furious driving).

If the court considers that the offence related to immigration or asylum, or was committed for a purpose in connection with immigration or asylum, it may order that the property is to be taken into the possession of the Secretary of State.

Dangerous Dogs Act 1991, section 4A

• an offence under section 1 (dogs bred for fighting);
• an offence under section 3(1) (keeping dogs under proper control); or
• an offence created by an order under section 2 (other specifically dangerous dogs)

The court shall order the destruction of any dog in respect of which an offence under section 1 or an aggravated offence under section 3(1) (injury caused) was committed, unless the court is satisfied that the dog would not constitute a danger to public safety.

The court may order the destruction of any dog in respect of which an offence under section 1 or 3(1) was committed, or an offence under an order made under section 2 was committed.

• the temperament of the dog and its past behaviour, and
• whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog,

and may consider any other relevant circumstances.

Fit and proper person:

In determining whether a person is a fit and proper person to be in charge of a dog the following non-exhaustive factors may be relevant:

• any relevant previous convictions, cautions or penalty notices;
• the nature and suitability of the premises that the dog is to be kept at by the person;
• where the police have released the dog pending the court’s decision whether the person has breached conditions imposed by the police; and
• any relevant previous breaches of court orders.

In any case where the offender is not the owner of the dog, the owner must be given an opportunity to be present and make representations to the court

• Where the offender was convicted of an offence under:
  • section 1 (dogs bred for fighting) and the dog is subject to the prohibition in section 1(3); or
  • an aggravated offence under section 3(1) (injury caused)

and the court does not order the destruction of the dog, the court shall order that, unless the dog is exempted from that prohibition within 2 months (which can be extended), the dog shall be destroyed.

• Where the offender was convicted of an offence under section 3(1) (keeping dogs under proper control), the court may order that, unless the owner of the dog keeps it under proper control, the dog shall be destroyed. The Court may:
  • specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping on a lead, excluding it from specified places or otherwise; and
  • if it appears to the court that the dog is a male and would be less dangerous if neutered, may require it to be neutered.

• appoint a person to undertake the destruction of the dog; and
• require any person having custody of it to deliver it up for that purpose; and
• order the offender to pay such sum as the court may determine to be the reasonable expenses of destroying the dog and of keeping it pending its destruction.

Any sum ordered to be paid shall be treated for the purposes of enforcement as if it were a fine imposed on conviction.

• an offence under section 1 (dogs bred for fighting)
• an offence under section 3(1) (keeping dogs under proper control), or
• an offence created by an order under section 2 (other specifically dangerous dogs)

the court may order the offender to be disqualified for having custody of a dog.

1.    Where an offender has been convicted of an indictable offence in connection with the promotion, formation, management, liquidation or striking off of a company, with the receivership of a company’s property or with his being an administrative receiver of a company (Company Directors Disqualification Act 1986, s.2) or

2.    Where an offender has been convicted of an offence involving a failure to file documents with, or give notice to, the registrar of companies. If the offence is triable only summarily, disqualification can be ordered only where the offender has been the subject of three default orders or convictions in the preceding five years (Company Directors Disqualification Act 1986, s.5)

The period should be fixed by reference to the charges alleged and made out against the director.

Disqualification periods of 10 years and over should only be imposed in particularly serious cases such as a second disqualification.

Disqualification periods of six to 10 years apply to serious cases.

Disqualification periods of up to five years are appropriate in less serious cases.

In assessing seriousness, relevant considerations may include:

• whether the failures came about deliberately or with knowledge of their potential result and the harm they would cause, or through lack of knowledge or incompetence, and
• whether the failures were "one off" or part of a pattern.

The length of the order should not be subject to a guilty plea discount, but factors such as previous good character and a plea of guilty may be relevant considerations in determining the level of seriousness.

Where a disqualification order is made against a person who is already subject to such an order, the periods specified in those orders shall run concurrently.

Unless the court orders otherwise, the period of disqualification will begin at the end of the period of 21 days beginning with the date of the order. (Company Directors Disqualification Act 1986, s.1(2))

Crown Court – 15 years

Availability

Some offences become relevant if the offence is committed during a period ‘relevant’ to a football match. The following periods are ‘relevant’ to a football match (Football Spectators Act 1989, Sch.1 para.4):

(a) the period beginning: i) 24 hours before the start of the match; or ii) 24 hours before the time at which it is advertised to start; whichever is the earliest, and ending 24 hours after the end of the match;

(b) where a match advertised to start at a particular time on a particular day is postponed to a later day, or does not take place, the period in the advertised day beginning 24 hours before and ending 24 hours after that time.

It is immaterial whether the evidence would have been admissible in the proceedings in which the offender was convicted.

A banning order made on conviction must be made:

(a)  in addition to a sentence imposed in respect of the relevant offence, or

(b)  in addition to an order discharging the offender conditionally.

• The order requires the offender to report to a police station within five days, may require the offender to surrender his or her passport, and may impose requirements on the offender in relation to any regulated football matches.
• The order may, if the court thinks fit, impose additional requirements on the person subject to the order in relation to any regulated football matches.

(a)  a change of any of his names

(b)  the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order

(c)  a change of his home address

(d)  his acquisition of a temporary address

(e)  a change of his temporary address or his ceasing to have one

(f)   his becoming aware of the loss of his passport

(g)   receipt by him of a new passport

(h)  an appeal made by him in relation to the order

(i)  an application made by him under section 14H(2) for termination of the order

(j)  an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

A notification required by a banning order must be given before the end of the period of seven days beginning with the day on which the event in question occurs and

• in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address
• in the case of a first use of a previously undisclosed name, must specify that name, and
• in the case of a receipt of a new passport, must give details of that passport.

In any other case, the maximum is five years, and the minimum is three years.

If the offender fails to appear on the adjourned date, the court has the power to further adjourn or issue a warrant for the offender’s arrest.

Breach offences (other) – Sentencing (sentencingcouncil.org.uk)

Psychoactive Substances Act 2016, section 54

Availability – Misuse of Drugs Act offences

• Misuse of Drugs Act 1971
• Paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences) or
• Paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 (inchoate offences)

the court may order that anything shown to the satisfaction of the court to relate to the offence, be forfeited and either destroyed or dealt with in such other manner as the court may order.

The court shall not order anything to be forfeited where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless they have been given an opportunity to show cause why the order should not be made.

• Section 4 - Producing a psychoactive substance
• Section 5 - Supplying, or offering to supply, a psychoactive substance
• Section 6 - Aggravation of offence under section 5
• Section 7 - Possession of psychoactive substance with intent to supply
• Section 8 - Importing or exporting a psychoactive substance
• Section 9 - Possession of a psychoactive substance in a custodial institution
• Section 26 – Offence of failing to comply with an access prohibition etc, or
• An ancillary offence as defined by section 54(11)

the court must make an order for the forfeiture of any psychoactive substance in respect of which the offence was committed. The court may also make an order for the forfeiture of any other item that was used in the commission of the offence.

Before making a forfeiture order, the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of the item or otherwise to have an interest in it.

Where the court makes a forfeiture order, it may also make such other provision as it considers to be necessary for giving effect to the forfeiture. This may include provision relating to the retention, handling, destruction or other disposal of the item.

Availability

Where the holder of a personal licence is convicted of a relevant offence the court may:

• order the forfeiture of the licence or
• order its suspension for a period not exceeding 6 months.

A relevant offence is one listed in Schedule 4.

• the name and address of the relevant person
• the nature and date of the conviction, and
• any sentence passed in respect of it, including whether an order was made to forfeit or suspend the licence, and send a copy of the notice to the relevant person.

Section 15(1) or (2) or Section 16

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• they intended should be used, or had reasonable cause to suspect might be used, for those purposes.

Section 15(3)

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• which, at that time, they knew or had reasonable cause to suspect would or might be used for those purposes.

Section 17 or Section 18

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• was, at that time, intended by them to be used for those purposes.

Section 17

The court may order the forfeiture of the money or other property to which the arrangement in question related, and which-

• had been used for the purposes of terrorism, or
• at the time of the offence, the person knew or had reasonable cause to suspect would or might be used for those purposes.

Section 17A

The court may order the forfeiture of the amount paid under, or purportedly under, the insurance contract.

Section 18

The court may order the forfeiture of the money or other property to which the arrangement in question related.

Sections 15 to 18

The court may order the forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.

• the value of the property, and
• the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).

The court must give an opportunity to be heard to any person, (other than the offender), who claims to be the owner or otherwise interested in anything which can be forfeited under that section.

• require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order
• direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer
• appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer
• direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person who the court is satisfied is the owner, or an interested person.

• it had been used for the purposes of terrorism,
• it was intended by that person that it should be used for the purposes of terrorism, or
• the court believes that it will be used for the purposes of terrorism unless forfeited.

• Terrorism Act 2000
  • section 54 (weapons training);
  • section 57, 58 or 58A (possessing things and collecting information for the purposes of terrorism);
  • section 58B (entering or remaining in a designated area)
  • o   section 59, 60 or 61 (inciting terrorism outside the United Kingdom);
• Terrorism Act 2006
  • section 2 (dissemination of terrorist publications);
  • section 5 (preparation of terrorist acts);
  • section 6 (training for terrorism);
  • sections 9 to 11 (offences involving radioactive devices or materials).
• Any ancillary offence, as defined in section 94 of the Counter-Terrorism Act 2008.
• Any offence which has been determined to have a terrorist connection (in accordance with section 69 Sentencing Code).

• the value of the property, and
• the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).

Before making a forfeiture order under s23A or s120A the court must give an opportunity to be heard to any person, (other than the offender), who claims to be the owner or otherwise interested in anything which can be forfeited under that section.

• require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;
• direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;
• appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;
• direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person who the court is satisfied is the owner, or an interested person.

Availability

NB for bladed article offences see deprivation of property order.

• causing unnecessary suffering (s.4)
• mutilation (s.5)
• docking of dogs’ tails (ss.6(1) and 6(2))
• administration of poisons etc. (s.7), or
• fighting etc. (s.8)

the court by or before which the offender is convicted may order any qualifying item which is shown to the satisfaction of the court to relate to the offence to be forfeited, and destroyed, or dealt with in such manner as may be specified in the order.

Qualifying item:

• section 4 offences: anything designed or adapted for causing suffering to an animal
• section 5 offences: anything designed or adapted for carrying out a prohibited procedure on an animal
• section 6(1) or (2) offences: anything designed or adapted for removing the whole or any part of a dog's tail
• section 7 offences: anything designed or adapted for administering any drug or substance to an animal
• section 8(1) or (2) offences: anything designed or adapted for use in connection with an animal fight
• section 8(3) offences: a video recording of an animal fight, including anything on or in which the recording is kept.

The court shall make an order for forfeiture only if it is satisfied that a relevant offence has been committed in relation to the goods, material or articles.

A court may infer that such an offence has been committed in relation to any goods, material or articles if it is satisfied that such an offence has been committed in relation to goods, material or articles which are representative of them (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• an offence under section 92 of the Trade Marks Act 1994 (unauthorised use of trade mark, etc in relation to goods)
• an offence under the Trade Descriptions Act 1968
• an offence under the Business Protection from Misleading Marketing Regulations 2008
• an offence under the Consumer Protection from Unfair Trading Regulations 2008
• an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or
• any offence involving dishonesty or deception

On making an order under this section the court may, if it considers it appropriate to do so, direct that the goods, material or articles to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person

(a)  causes the offending sign to be erased, removed or obliterated, and

(b)  complies with any order to pay costs which has been made against them in the proceedings for the order for forfeiture.

An exclusion order can be made in addition to any other sentence including an absolute or conditional discharge

* premises licensed for the supply of alcohol for consumption on the premises

The purpose of the order is to prevent the offender from creating a nuisance and possible danger to the licensee or customers of licensed premises.

• A parenting order is available under section 366 Sentencing Act 2020 to a court dealing with a child convicted of an offence.

If the child is aged under 16 at the time of conviction, the court must make a parenting order in respect of a parent or guardian of the child if it is satisfied that the order would be desirable in the interests of preventing the commission of any further offence by the child.

If the child is aged 16 or 17 at the time of conviction, the court may make a parenting order in respect of a parent or guardian of the child if it is satisfied that the order would be desirable in the interests of preventing the commission of any further offence by the child.

• A parenting order is available under section 368 Sentencing Act 2020 to a youth court dealing with a parent or guardian who has failed to comply with an order requiring them to attend meetings of the youth offender panel.

• The order may impose such requirements that the court considers desirable in the interests of preventing the commission of any further offence by the child.
• A requirement to attend a counselling or guidance programme as specified by the responsible officer must be included unless the child has been the subject of a parenting order on a previous occasion.
•  If the order contains a requirement to attend a counselling or guidance programme and the court is satisfied that
  • the attendance of the parent or guardian at a residential course is likely to be more effective than that person's attendance at a non-residential course in preventing the commission of any further offence by the child, and
  • any interference with family life which is likely to result from the parent's or guardian's attendance at a residential course is proportionate in all the circumstances,

the court may provide in the order that a counselling or guidance programme which the parent or guardian is required to attend by virtue of the requirement may be or include a residential course.

• Before making a parenting order under section 368, the court must explain to the parent in ordinary language, the effect of the order and its requirements and the consequences of a breach.
• The parenting order must specify the responsible officer.

• Before making a parenting order in respect of a parent or guardian of an child aged under 16, the court must obtain and consider information about the child's family circumstances, and the likely effect of the order on those circumstances.
• Before making a parenting order and referral order the court must obtain and consider a report by a member of the youth offending team (or the probation team, or a social worker of a local authority)
  • indicating the requirements which that officer proposes should be included in the parenting order
  • indicating the reasons why the officer considers that those requirements would be desirable in the interests of preventing the commission of any further offence by the child, and
  • if the child is aged under 16, containing information about the child's family circumstances, and the likely effect of the order on those circumstances.
• Before making an order under s368 the youth court may make an order if it is satisfied that the parent or guardian has failed without reasonable excuse to comply with the order under section 90, and the parenting order would be desirable in the interests of preventing the commission of any further offence by the child.

• The order may impose such requirements that the court considers desirable in the interests of preventing the commission of a further offence under section 443 or 444.
• A requirement to attend a counselling or guidance programme as specified by the responsible officer must be included unless the offender has been the subject of a parenting order on a previous occasion.

If the order contains a requirement to attend a counselling or guidance programme and the court is satisfied that:

(a)  the attendance of the offender at a residential course is likely to be more effective than the offender’s attendance at a non-residential course in preventing the commission of any further offence under section 443 or 444 of the Education Act 1996, and

(b)  any interference with family life which is likely to result from that person’s attendance at a residential course is proportionate in all the circumstances,

the court may provide in the order that a counselling or guidance programme which the offender is required to attend by virtue of the requirement may be or include a residential course.

• Before making a parenting order the court must explain to the parent in ordinary language, the effect of the order and its requirements and the consequences of a breach.

• The parenting order must specify the responsible officer.
• The responsible officer must be—
  • an officer of a provider of probation services acting in the local justice area in which it appears to the court that the parent resides or will reside,
  • a social worker of the local authority in whose area it appears to the court that the parent resides or will reside,
  • a person nominated by—
    • a person appointed as director of children's services under section 18 of the Children Act 2004, or
    • a person appointed as chief education officer under section 532 of the Education Act 1996, or
  • a member of a youth offending team established by the local authority in whose area it appears to the court that the parent resides or will reside.

A restitution order may also be ordered in respect of offences taken into consideration.

Restitution orders are for straightforward cases and a court should not embark on a detailed enquiry as to the ownership of money and goods – that is better left to civil proceedings.

1. order anyone in possession or control of the stolen goods to restore them to the victim
2. on the application of the victim, order that goods directly or indirectly representing the stolen goods (as being the proceeds of any disposal or realisation of the stolen goods) be transferred to the victim, or
3. order that a sum not exceeding the value of the stolen goods be paid to the victim (or any person who has bought the stolen goods in good faith – limited to the amount paid) out of any money taken out of the offender’s possession on his or her apprehension

Orders may be made before completion of confiscation proceedings.

The order prohibits the offender from doing anything described in the order.

“Conduct” includes speech, and “harassment” includes alarming the person or causing them distress.

• what order is proposed and why, and
• any evidence in support of the application

(see Criminal Procedure Rules 31.2 and 31.3 for further details)

The order cannot be made merely to assuage the consequences of past conduct. However, this does not mean that that the consequences for the person to be protected of the past conduct, and the likely consequences of any future conduct, are irrelevant. The degree of harassment involved in the past conduct and/or the level of fear and distress it has caused are relevant when determining whether to make a restraining order and the terms of any order.

Further evidence (in addition to that which relates to the offence of which the offender has been convicted ) may be led by the prosecution and/or the offender, provided that it would be admissible in civil proceedings for an injunction under s.3 of the Protection of Harassment Act 1997 (Sentencing Act 2020, s.362). Hearsay evidence may be received.

These views should be taken into account by the court when deciding whether to make the order (and if so its terms).

There is no requirement for the court to receive direct evidence of the views of the person to be protected. In appropriate cases, the court may be able to draw a proper inference as to the views of the person.

There may be cases where the order will be appropriate even though the person to be protected does not seek it. However, such an order may be impractical if the person to be protected does not want the order to be made because they want to have contact with the offender (see also Offences in a domestic context below).

A restraining order may only include prohibitions. There is no power to include requirements or to make any prohibition subject to electronic monitoring.

The prohibitions in the order must be:

• necessary to protect the person(s) to be protected from future conduct which either amounts to harassment of that person or will cause them to fear violence
• proportionate to that purpose, and
• clear and precise so that there is no doubt what the offender is prohibited from doing

A restraining order must not conflict with an order of the family court or make such an order unworkable or  impractical

Identifying the person(s) to be protected

Generally, a restraining order should name the person (or a defined group of people) to be protected. The order cannot be made for the protection of the world at large or for excessively wide groups of people (such as “any child under 16”). The person to be protected can be a corporate body or the unnamed employees of a corporate body.

Offences in a domestic context

Where the making of a restraining order might interfere with otherwise appropriate contact between a parent and a child, sufficient enquiries should be made about the practicalities of the order and particular care should be taken to ensure that the order does not make it impossible for contact to take place.

In cases where the court has determined that it is necessary to make a restraining order despite a view expressed by an adult person to be protected that they do not wish the order to be made, the prohibitions in the order cannot operate to prevent the relationship between the person to be protected and the offender from continuing (including by living together). Persons at a serious risk of harm from an offender have the right to continue a relationship with that person and to live with them if they choose.

In this situation, the restraining order may include terms which prohibit conduct such as:

• molesting the person to be protected
• going to a particular place away from the home (in order for the person to be protected to have a safe space to go should they wish to be away from the offender)
• contacting the person to be protected for a specified period (e.g. 14 days) if the person to be protected has asked for a break

Geographical exclusion

• A restraining order should not prohibit the offender from going to a place such as the home or workplace of the person to be protected without specifying the address in the order or any other circumstances in which the offender might become aware of a new address
• A geographical exclusion can be for a wider area than a particular address (or road where that address is located) if it is necessary in the particular circumstances of the case.    Exclusion from a town might be necessary, even if the offender had lived there before being sent to custody for the offence
• The term of the order prohibiting entry into a geographical area must be clearly expressed and accompanied either by a map or by a clear written description of the prohibited area.

Where an offender has been sentenced to custody for the offence, a restraining order should start from the date of sentence and not from the date of release of the offender from custody.

The court should make the order for no longer than is necessary for the purpose of protecting the protected person(s) from future conduct by the offender which either amounts to harassment of the protected person(s) or will cause them to fear violence.

Breach of a protective order (restraining and non-molestation orders)

Availability

• been convicted of a serious offence and
• there are reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

A serious offence is one which is specified in Part 1 of Schedule 1 or is one which the court considers to be sufficiently serious to be treated for the purposes of the application as if it were so specified.

The SCPO can contain prohibitions, restrictions or requirements. For example the SCPO may include:

Prohibitions, restrictions, or requirements in relation to:

• an individual's financial, property or business dealings or holdings
• an individual's working arrangements
• the means by which an individual communicates or associates with others, or the persons with whom the individual communicates or associates
• the premises to which an individual has access
• the use of any premises or item by an individual
• an individual's travel (whether within the United Kingdom, between the United Kingdom and other places or otherwise)

Requirement(s) to answer questions, or provide information, specified or described in an order:

• at a time, within a period or at a frequency
• at a place
• in a form and manner, and
• to a law enforcement officer or description of law enforcement officer
• notified to the person by a law enforcement officer specified or described in the order

Requirement(s) to produce documents specified or described in an order:

• at a time, within a period or at a frequency
• at a place
• in a manner, and
• to a law enforcement officer or description of law enforcement officer
• notified to the person by a law enforcement officer specified or described in the order.

The order may include prohibitions, restrictions or requirements in relation to an individual's private dwelling (such as where an individual may reside).

The order cannot exceed 5 years.

The order may specify different times for different provisions but must be clear about when each starts and ends.

·       The Court may, in addition to dealing with the person in relation to the offence, vary the order if the court has reasonable grounds to believe that the terms of the order as varied, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

• Such a variation may only be made on an application by the relevant applicant authority.
• A variation can only be made in addition to a sentence imposed in respect of the offence concerned (including conditional discharge).
• A variation may include an extension of the period during which the order, or any provision of it, is in force)

Availability

• protecting the public or any particular members of the public from sexual harm from the offender, or
• protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

No application is necessary for the court to make a SHPO at the point of sentence although the prosecutor may wish to invite the court to consider making an order in appropriate cases. The court may ask pre-sentence report writers to consider the suitability of a SHPO on a non-prejudicial basis.

Sentencing Act 2020, s344(2) provides that any conditions in Sch. 3 SOA 2003 relating to the age of the offender or the victim, or the sentence imposed on the offender may be disregarded in determining whether the offence is listed in schedule 3.

1. 1.    Would an order minimise the risk of harm to the public or to any particular members of the public?
2. Is it proportionate?
3. Can it be policed effectively?

The prohibitions or requirements which are imposed must, so far as practicable, be such as to avoid—

• any conflict with the offender’s religious beliefs,
• any interference with the times, if any, at which the offender normally works or attends any educational establishment, and
• any conflict with any other court order or injunction

A SHPO that imposes a requirement (other than an electronic monitoring requirement) to do something must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or organisation. The court must receive evidence about the requirements suitability and enforceability from the individual who will enforce it or from an individual representing the organisation who will enforce it.

The specified period must either be a fixed period of not less than 5 years or an indefinite period (so that the prohibition or requirement has effect until further order).

The order may specify different periods for different prohibitions or requirements.

As a guide, the specified period would normally be the same length as the statutory notification period. Where the specified period is longer than the statutory notification period, the offender will remain subject to the notification requirements for the full duration of the sexual harm prevention order.

Breach of a sexual harm prevention order guideline

• there is a risk that the offender may commit a slavery or human trafficking offence, and
• it is necessary (not merely desirable or helpful) to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the offender committed such an offence.

• The risk that the offender may commit a slavery or human trafficking offence must be real, not remote, and must be sufficient to justify the making of such an order. In considering whether such a risk is present in a particular case, the court is entitled to have regard to all the information before it, including the contents of a pre-sentence report, or information in relation to any previous convictions, or in relation to any previous failure to comply with court orders.
• In determining whether any order is necessary, the court must consider whether the risk is sufficiently addressed by the nature and length of the sentence imposed, and/or the presence of other controls on the offender. The court should consider the ability of a chief officer of police to apply for an order if it becomes necessary to do so in the future.
• The criterion of necessity also applies to the individual terms of the order. The order may prohibit the defendant from doing things in any part of the UK, and anywhere outside the UK. These prohibitions must be both reasonable and proportionate to the purpose for which it is made. The court should take into account any adverse effect of the order on the offender's rehabilitation, and the realities of life in an age of electronic means of communication.
• The terms of the order must be clear, so that the offender can readily understand what they are prohibited from doing and those responsible for enforcing the order can readily identify any breach.
• A draft order must be provided to the court and to all defence advocates in good time to enable its terms to be considered before the sentencing hearing.

The foreign travel prohibition may last for no more than five years, but can be renewed for additional periods of up to five years on application.

If the STPO contains a prohibition on any travel outside the UK, it must require the offender to surrender all their passports at a police station specified in the order on or before the date when the prohibition takes effect or within a period specified in the order.

Breach of a Slavery and Trafficking Prevention Order

In practice, the reparation will come out of the amount taken under the confiscation order.

However, a slavery and trafficking reparation order cannot be made if the court has made a compensation order under section 134 of the Sentencing Code (see section 10(1) of the Modern Slavery Act 2015).

A slavery and trafficking reparation order takes priority over the surcharge where the offender’s means are an issue.

A UPO is an order requiring the offender to pay the landlord an amount representing the profit made by the offender as a result of the conduct constituting the offence.

The court may make such an order instead of or in addition to dealing with the offender in any other way.

Step 1:

Determine the total amount the offender received as a result of the conduct constituting the offence (or the best estimate of that amount).

Step 2:

Deduct from that amount the total amount, if any, paid by the offender as rent to the landlord (including service charges) over the period during which the offence was committed.

It is appropriate to make an order where there is reason to believe that it will reduce the risk of re-offending on release from prison.

If it does not make an order the court must give reasons.