Ancillary Orders

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

1. There are several ancillary orders available in a magistrates’ court which should be considered in appropriate cases.  Click on 'show all parts of this guide' above for links to further information. The additional note lists the offences in respect of which certain orders are available. The individual offence guidelines also identify ancillary orders particularly likely to be relevant to the offence.  In all cases, consult your legal adviser regarding available  orders and their specificrequirements and effects.
2. Ancillary orders should be taken into account when assessing whether the overall penalty is commensurate with offence seriousness.

Additional note: Availability of ancillary orders

The lists below identify offences covered in the MCSG for which particular ancillary orders are available.

In all cases, consult your legal adviser regarding available orders and their specific requirements and effects

Football banning orders – Football Spectators Act 1989, s.14A

Available on conviction of a ‘relevant offence’, listed in schedule 1 of the Football Spectators Act 1989. These include:

• possession of alcohol or being drunk while entering/trying to enter ground – Sporting Events (Control of Alcohol etc) Act 1985, s.2;
• disorderly behaviour – Public Order Act 1986, s.5 – committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
• any offence involving the use or threat of violence towards another person committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
• any offence involving the use or threat of violence towards property committed: (a) during a period relevant to a football match (see below)at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
• any offence involving the use, carrying or possession of an offensive weapon or firearm committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
• drunk and disorderly – Criminal Justice Act 1967, s.91(1) – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• driving/attempting to drive when unfit through drink or drugs – Road Traffic Act 1988, s.4 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• in charge of a vehicle when unfit through drink or drugs – Road Traffic Act 1988, s.4 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• driving/attempting to drive with excess alcohol – Road Traffic Act 1988, s.5 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• in charge of a vehicle with excess alcohol – Road Traffic Act 1988, s.5 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• any offence under the Football (Offences) Act 1991;
• unauthorised sale of tickets – Criminal Justice and Public Order Act 1994, s.166.

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; which ever 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.

Forfeiture or suspension of personal liquor licence - Licensing Act 2003, s.129

Available on conviction of a ‘relevant offence’, listed in schedule 4 of the Licensing Act 2003.

These include:

• an offence under the Licensing Act 2003;
• an offence under the Firearms Act 1968;
• theft – Theft Act 1968, s.1;
• burglary – Theft Act 1968, s.9;
• abstracting electricity – Theft Act 1968, s.13;
• handling stolen goods – Theft Act 1968, s.22;
• going equipped for theft – Theft Act 1968, s.25;
• production of a controlled drug – Misuse of Drugs Act 1971, s.4(2);
• supply of a controlled drug – Misuse of Drugs Act 1971, s.4(3);
• possession of a controlled drug with intent to supply – Misuse of Drugs Act 1971, s.5(3);
• evasion of duty – Customs and Excise Management Act 1979, s.170 (excluding s.170(1)(a));
• driving/attempting to drive when unfit through drink or drugs – Road Traffic Act 1988, s.4;
• in charge of a vehicle when unfit through drink or drugs – Road Traffic Act 1988, s.4;
• driving/attempting to drive with excess alcohol – Road Traffic Act 1988, s.5;
• in charge of a vehicle with excess alcohol – Road Traffic Act 1988, s.5;
• unauthorised use of trade mark where the goods in question are or include alcohol – Trade Marks Act 1994, ss.92(1) and 92(2);
• sexual assault – Sexual Offences Act 2003, s.3;
• exploitation of prostitution – Sexual Offences Act 2003, ss.52 and 53;
• exposure – Sexual Offences Act 2003, s.66;
• voyeurism – Sexual Offences Act 2003, s.67;
• a violent offence, being any offence which leads, or is intended or likely to lead, to death or to physical injury.

Sexual Harm Prevention Orders

Available in respect of an offence listed in schedule 3 or 5 of the Sexual Offences Act 2003.

These include:

• possession of indecent photograph of a child - Criminal Justice Act 1988, s.160;
• sexual assault – Sexual Offences Act 2003, s.3;
• exposure – Sexual Offences Act 2003, s.66;
• voyeurism – Sexual Offences Act 2003, s.67;
• threats to kill – Offences against the Person Act 1861, s.16;
• wounding/causing grievous bodily harm – Offences against the Person Act 1861, s.20;
• assault with intent to resist arrest – Offences against the Person Act 1861, s.38;
• assault occasioning actual bodily harm – Offences against the Person Act 1861, s.47;
• burglary with intent to inflict grievous bodily harm or to do unlawful damage to a building/anything within it – Theft Act 1968, s.9;
• arson – Criminal Damage Act 1971, s.1;
• violent disorder – Public Order Act 1986, s.2;
• affray – Public Order Act 1986, s.3;
• harassment – conduct causing fear of violence – Protection from Harassment Act 1994, s.4;
• racially or religiously aggravated wounding/causing grievous bodily harm – Crime and Disorder Act 1998, s.29;
• racially or religiously aggravated assault occasioning actual bodily harm – Crime and Disorder Act 1998, s.29;
• racially or religiously aggravated common assault – Crime and Disorder Act 1998, s.29;
• racially or religiously aggravated threatening behaviour – Crime and Disorder Act 1998, s.31(1)(a);
• racially or religiously aggravated disorderly behaviour with intent to cause harassment, alarm or distress – Crime and Disorder Act 1998, s.31(1)(b);
• exploitation of prostitution – Sexual Offences Act 2003, ss.52 and 53.

Section 344(2) of the Sentencing Code 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 making a Sexual Harm Prevention Order.

Return to Ancillary Orders: introduction.  

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

The court has the power to bind an individual over to keep the peace (Justices of the Peace Act 1361, Justices of the Peace Act 1968, s.1(7), Magistrates Courts Act 1980, s.115). The order is designed to prevent future misconduct and requires the individual to promise to pay a specified sum if the terms of the order are breached. Exercise of the power does not depend upon conviction. Guidance on the making of binding over orders is set out in the Criminal Practice Directions VII: Sentencing (external website, link will not work if you are offline).

Key principles include:

1. before imposing the order, the court must be satisfied so that it is sure that a breach of the peace involving violence or an imminent threat of violence has occurred, or that there is a real risk of violence in the future. The court should hear evidence and the parties before making any order;
2. the court should state its reasons for making the order;
3. the order should identify the specific conduct or activity from which the individual must refrain, the length of the order and the amount of the recognisance;
4. the length of the order should be proportionate to the harm sought to be avoided and should not generally exceed 12 months;
5. when fixing the amount of the recognisance, the court should have regard to the individual’s financial resources.

Confiscation orders under the Proceeds of Crime Act 2002 may only be made by the Crown Court. An offender convicted of an offence in a magistrates’ court must be committed to the Crown Court where this is requested by the prosecution with a view to a confiscation order being considered (Proceeds of Crime Act 2002, s.70). If the committal is made in respect of an either way offence, the court must state whether it would have committed the offender to the Crown Court for sentencing had the issue of a confiscation order not arisen.

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

A Criminal Behaviour Order (CBO) is an order which is available on conviction for any criminal offence by any criminal court, introduced by the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014, s.22) with effect from 20 October 2014. It replaces the former powers of the court to make orders such as an ASBO or a drinking banning order on conviction. The statutory provisions relating to CBOs are now contained in Chapter 1 of Part 11 of the Sentencing Code.

A CBO is an order designed to tackle the most serious and persistent anti-social individuals where their behaviour has brought them before a criminal court. The anti-social 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 behaviours 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.

Any application will be made by the prosecution (Sentencing Code, s.331(1)(b)). The majority of applications will therefore be made by the CPS, either at their own initiative, or at the request of the police. However, it may also be applied for by local councils, providing they are the prosecuting authority in the case. The court cannot make a CBO of its own volition.

A CBO may only be made against an offender when they have been sentenced to at least a conditional discharge for the substantive offence (Sentencing Code, s.331(3)). A CBO cannot be made where the offender has been given an absolute discharge. The court may only make a CBO if:

1. It is satisfied that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person (Sentencing Code, s.331(2)(a)) and
2. It considers that making the order will help in preventing the offender from engaging in such behaviour (Sentencing Code, s.331(2)(b)).

For the first condition, the burden of proof on the prosecution is to the criminal standard. (There is no test of necessity as with ASBOs.)

A CBO may:

1. Prohibit the offender from doing anything described in the order (‘a prohibition’), and/or
2. Require the offender to do anything described in the order (‘a requirement’)

(Sentencing Code, s.330) However, any prohibitions and/or requirements must, so far as practicable, avoid any interference with times an offender would normally work, attend school or other educational establishment and any conflict with any other court order (Sentencing Code, s.331(4)).

If the order requires the offender to do anything, then the order must specify the individual or organisation that is responsible for supervising compliance with the requirement (Sentencing Code, s.333(1)) and must hear from them about both the suitability and enforceability of a requirement, before including it in the CBO (Sentencing Code, s.331(2)).

The order must be proportionate and reasonable. It will be for the court to decide the measures which are most appropriate and available to tackle the underlying cause of the anti-social behaviour. The order should be tailored to the specific needs of each offender.

When deciding whether or not to make a CBO, the court is entitled to consider evidence submitted by the prosecution and by the offender (Sentencing Code, s.332(1)). It does not matter whether the evidence would have been admissible, or has been heard as part of the criminal proceedings in which the offender was convicted, (Sentencing Code, s.332(2)) but it should be relevant to the test to be applied to the making of the order (in other words that the offender has engaged in behaviour that caused, or was likely to cause, harassment, alarm or distress to any person, and that the court considers that making the order will assist in preventing the offender from engaging in such behaviour). This evidence could include hearsay or bad character evidence. 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).

A CBO takes effect on the day it is made (Sentencing Code, s334(1)), unless the offender is already subject to an existing CBO, in which case it may take effect on the day in which the previous order expires (Sentencing Code, s334(2)). The order must specify the period for which it has effect (Sentencing Code, s334(3)). In the case of an adult, the order must be for a fixed period of not less than two years or it may be an indefinite period, so that it is made until further order (Sentencing Code, s334(5)). An order may specify different periods for which particular prohibitions or requirements have effect within the order (Sentencing Code, s334(6)).

The court can impose an interim order in cases where the offender is convicted but the court is adjourning the hearing of the application for a CBO (Sentencing Code, s335(1)), before or after sentence for the offence. The offender need not be sentenced to be made subject to an interim order (Sentencing Code, s335(3)). The court can make an interim order if the court thinks it is just to do so. An interim order can be made until final hearing or further order (Sentencing Code, s335(2)). When making an interim order, the court has the same powers as if it were making a final order (Sentencing Code, s335(4)).

It is likely that the hearing for a CBO will take place at the same time as the sentencing for the criminal case. For adult offenders, there is no formal consultation requirement. However, in order to ensure that applications are made appropriately and efficiently, there is an expectation that any relevant agencies will have been consulted so that the court have the relevant information to decide whether to make an order or not and if so, in what terms. The prosecution should be prepared to deal with an application on the date of hearing.

The court may deal with the application for a CBO at the same time as it imposes sentence for the offence. Alternatively, the court may sentence the offender for the criminal offence and adjourn the application for a CBO to a later date (Sentencing Code, s332(3)). However, the court cannot hear an application once sentence has taken place, unless the application was made by the prosecution before sentence was concluded, as an application cannot be made retrospectively.

If the offender does not appear at an adjourned hearing for a CBO, the court may further adjourn the proceedings, issue a warrant for the offender’s arrest, or hear the proceedings in the offender’s absence (Sentencing Code, s332(4)). To issue a warrant for the offender’s arrest, the court must be satisfied that the offender has been given adequate notice of the time and place for the hearing (Sentencing Code, s332(5)). To proceed in the offender’s absence, the court must be satisfied that the offender has been given adequate notice of the time and place for the hearing and been told if they do not attend, the court may hear the application in their absence (Sentencing Code, s332(6)).

Further guidance is provided by the Home Office in Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers; Statutory guidance for frontline professionals. July 2014 (external website, link will not work if you are offline).

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Where an offender convicted of one of the following offences under the Animal Welfare Act 2006, is the owner of an animal in relation to which the offence is committed, the court may make an order depriving the offender of ownership of the animal and for its disposal (Animal Welfare Act 2006, s.33).

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

The court is required to give reasons if it decides not to make such an order.

As set out in ss.33(1) and 33(2) of the Animal Welfare Act 2006, deprivation of ownership may be imposed instead of or in addition to dealing with the offender in any other way. The court should consider whether the purposes of sentencing are met when deciding whether to impose the deprivation order as a standalone sentence.

Where an offender is convicted of any of the offences listed above, the court may also disqualify him or her from owning or keeping animals, dealing in animals, and/or transporting animals (Animal Welfare Act 2006, s.34).

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

The court has the power to deprive an offender of property used for the purpose of committing or facilitating the commission of an offence, whether or not it deals with the offender in any other way.

Before making the order, the court must have regard to the value of the property and the likely financial and other effects on the offender.

Without limiting the circumstances in which the court may exercise the power, a vehicle is deemed to have been used for the purpose of committing the offence where the offence is punishable by imprisonment and consists of:

1. driving, attempting to drive, or being in charge of a motor vehicle;
2. failing to provide a specimen; or
3. failing to stop and/or report an accident

(Sentencing Code, ss 152 - 155).

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

See Step 6 of the relevant guideline for dangerous dog offences:

• Breeding, selling, exchanging or advertising a prohibited dog, Dangerous Dogs Act 1991, s.1(7)
• Owner or person in charge of a dog dangerously out of control in any place in England and Wales (whether or not a public place), Dangerous Dogs Act 1991, s.3(1)
• Owner or person in charge of a dog dangerously out of control in any place in England and Wales (whether or not a public place) where a person is injured, Dangerous Dogs Act 1991, s.3(1)
• Owner or person in charge of a dog dangerously out of control in any place in England and Wales (whether or not a public place) where an assistance dog is injured or killed, Dangerous Dogs Act 1991, s.3(1)
• Owner or person in charge of a dog dangerously out of control in any place in England and Wales (whether or not a public place) where death is caused, Dangerous Dogs Act 1991, s.3(1)
• Possession of a prohibited dog, Dangerous Dogs Act 1991, s.1(7)

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

The court may disqualify any person convicted of an offence from driving for such period as it thinks fit (Sentencing Code, s.163). This may be instead of or in addition to dealing with the offender in any other way.

The section does not require the offence to be connected to the use of a vehicle. The Court of Appeal has held that the power is available as part of the overall punitive element of a sentence, and the only restrictions on the exercise of the power are those in the statutory provision (R v Cliff [2004] EWCA Crim 3139).

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Where an offender is convicted of one of the following offences under the Animal Welfare Act 2006, the court may disqualify the offender from owning or keeping animals; from participating in the keeping of animals; from being party to an arrangement under which they are entitled to control or influence the way in which animals are kept; from dealing in animals; and/or from transporting or arranging the transport of animals (Animal Welfare Act 2006, s.34):

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

The purpose of a disqualification order is to protect the future welfare of animals. The court must carry out a risk assessment based on the facts of the case to determine whether a disqualification order is necessary and the appropriate time period of that order. When considering making a disqualification order the court can have regard to previous convictions.

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

The court is required to give reasons if it decides not to make such an order.

The court may specify the minimum period before an offender may apply for termination of the order under section 43 of the Animal Welfare Act 2006; if no period is specified, an offender may not apply for termination of the order until one year after the order was made.

As set out in s.34(1) of the Animal Welfare Act 2006, disqualification may be imposed instead of or in addition to dealing with the offender in any other way. The court should consider whether the purposes of sentencing are met when deciding whether to impose the disqualification order as a standalone sentence.

Where an offender is convicted of an offence contrary to s.4-9 under the Animal Welfare Act 2006, and is the owner of an animal in relation to which the offence is committed, the court may also make an order depriving him or her of ownership of the animal and for its disposal (Animal Welfare Act 2006, s.33).

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

The Company Directors Disqualification Act 1986 empowers the court to disqualify an offender from being a director or taking part in the promotion, formation or management of a company for up to five years.

An order may be made in two situations:

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 (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).

These have now been replaced by Criminal Behaviour Orders.

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

The court may make an exclusion order where an offender has been convicted of an offence committed on licensed premises involving the use or threat of violence (Licensed Premises (Exclusion of Certain Persons) Act 1980).

The order prohibits the offender from entering specified licensed premises without the consent of the licensee. The term of the order must be between three months and two years.

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

The court must make a football banning order where an offender has been convicted of a relevant offence, unless the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so.(Football Spectators Act 1989, s.14A). Where the court does not make a banning order it must state in open court the reasons for not doing so.

Relevant offences are those set out in schedule 1 of the Football Spectators Act 1989 (further details below).

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.

Where the order is imposed in addition to a sentence of immediate imprisonment, the term of the order must be between six and ten years. In other cases, the term of the order must be between three and five years. Football banning orders – Football Spectators Act 1989, s.14A Available on conviction of a ‘relevant offence’, listed in schedule 1 of the Football Spectators Act 1989. These include:

• possession of alcohol or being drunk while entering/trying to enter ground – Sporting Events (Control of Alcohol etc) Act 1985, s.2;
• public order offences – Public Order Act 1986, Parts 3 and 3A, and s.4, 4A or 5 – committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
• any offence under section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences) where the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation;
• any offence under section 1 of the Malicious Communications Act 1988 (offence of sending any letter, electronic communication or article with intent to cause distress or anxiety) where the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and where the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation;
• any offence under section 127(1) of the Communications Act 2003 (improper use of public telecommunications network) where the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and where the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation;
• any offence involving the use or threat of violence towards another person committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
• any offence involving the use or threat of violence towards property committed: (a) during a period relevant to a football match (see below)at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
• any offence involving the use, carrying or possession of an offensive weapon or firearm committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
• drunk and disorderly – Criminal Justice Act 1967, s.91(1) – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• driving/attempting to drive when unfit through drink or drugs – Road Traffic Act 1988, s.4 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• in charge of a vehicle when unfit through drink or drugs – Road Traffic Act 1988, s.4 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• driving/attempting to drive with excess alcohol – Road Traffic Act 1988, s.5 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• in charge of a vehicle with excess alcohol – Road Traffic Act 1988, s.5 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
• any offence under the Football (Offences) Act 1991;
• unauthorised sale of tickets – Criminal Justice and Public Order Act 1994, s.166.

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; which ever 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. In all cases, consult your legal adviser regarding available orders and their specific requirements and effects.

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Where an offender is convicted of an offence under the Misuse of Drugs Act 1971, the court may order forfeiture and destruction of anything shown to the satisfaction of the court to relate to the offence (Misuse of Drugs Act 1971, s.27(1)).

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

See the ancillary orders step in the relevant guidelines:

Organisations: Trade mark, unauthorised use of etc. - step 9

Individuals: Trade mark, unauthorised use of etc. - step 6

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

A court convicting a person of possession of an offensive weapon may make an order for the forfeiture or disposal of the weapon (Prevention of Crime Act 1953, s1(2))

See also deprivation orders.

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Where an offender who holds a personal licence to supply alcohol is charged with a ‘relevant offence’, he or she is required to produce the licence to the court, or inform the court of its existence, no later than his or her first appearance (Licensing Act (“LA”) 2003, s.128(1)).

‘Relevant offences’ are listed in schedule 4 of the Licensing Act 2003; (further details below)

Where the offender is convicted, the court may order forfeiture of the licence or suspend it for up to six months (LA 2003, s129(2)). When deciding whether to order forfeiture or suspension, the court may take account of the offender’s previous convictions for a ‘relevant offence’ (LA 2003, s129(3)).

Whether or not forfeiture or suspension is ordered, the court is required to notify the licensing authority of the offender’s conviction and the sentence imposed (LA 2003, s131).

Forfeiture or suspension of personal liquor licence - Licensing Act 2003, s.129

Available on conviction of a ‘relevant offence’, listed in schedule 4 of the Licensing Act 2003. These include (please note the list below is not exhaustive):

• an offence under the Licensing Act 2003;
• an offence under the Firearms Act 1968;
• theft – Theft Act 1968, s.1;
• burglary – Theft Act 1968, s.9;
• abstracting electricity – Theft Act 1968, s.13;
• handling stolen goods – Theft Act 1968, s.22;
• going equipped for theft – Theft Act 1968, s.25;
• production of a controlled drug – Misuse of Drugs Act 1971, s.4(2);
• supply of a controlled drug – Misuse of Drugs Act 1971, s.4(3);
• possession of a controlled drug with intent to supply – Misuse of Drugs Act 1971, s.5(3);
• permiting premises to be used - Misuse of Drugs Act 1971, s.8
• evasion of duty – Customs and Excise Management Act 1979, s.170 (excluding s.170(1)(a));
• driving/attempting to drive when unfit through drink or drugs – Road Traffic Act 1988, s.4;
• in charge of a vehicle when unfit through drink or drugs – Road Traffic Act 1988, s.4;
• driving/attempting to drive with excess alcohol – Road Traffic Act 1988, s.5;
• in charge of a vehicle with excess alcohol – Road Traffic Act 1988, s.5;
• unauthorised use of trade mark where the goods in question are or include alcohol – Trade Marks Act 1994, ss.92(1) and 92(2);
• sexual assault – Sexual Offences Act 2003, s.3;
• exploitation of prostitution – Sexual Offences Act 2003, ss.52 and 53;
• exposure – Sexual Offences Act 2003, s.66;
• voyeurism – Sexual Offences Act 2003, s.67;
• a violent offence, being any offence which leads, or is intended or likely to lead, to death or to physical injury.

In all cases, consult your legal adviser regarding available orders and their specific requirements and effects

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

The court may make a parenting order where an offender has been convicted of an offence under section 444 of the Education Act 1996 (failing to secure regular attendance at school) and the court is satisfied that the order would be desirable in the interests of preventing the commission of any further offence under that section (Sentencing Code, s.369).

The order may impose such requirements that the court considers desirable in the interests of preventing the commission of a further offence under section 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.

The term of the order must not exceed 12 months.

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Where goods have been stolen and an offender is convicted of any offence with reference to theft of those goods, the court may make a restitution order (Sentencing Code, s.148). See also Criminal Procedure Rules r.28.7 (external website, this link will not work if you are offline).

The court may:

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 out of any money taken out of the offender’s possession on his or her apprehension.

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Where an offender is convicted of any offence, the court may make a restraining order (Sentencing Code, s.360).

The order may prohibit the offender from doing anything for the purpose of protecting the victim of the offence, or any other person mentioned in the order, from further conduct which amounts to harassment or will cause a fear of violence.

The order may have effect for a specified period or until further order.

A court before which a person is acquitted of an offence may make a restraining order if the court considers that it is necessary to protect a person from harassment by the defendant (Protection from Harassment Act 1997, s.5A). Consult your legal adviser for guidance.

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Sexual Harm Prevention Orders (SHPO) can be made in relation to a person who has been convicted of an offence listed in either Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 either in the UK or overseas (further details below). This includes offenders whose convictions pre-date the commencement of the 2003 Act (Part 11 Chapter 2 of the Sentencing Code). A SHPO can also be made where a person is found not guilty by reason of insanity or found to be under a disability and to have done the act charged, or cautioned etc. for an offence listed in either Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 (s. 103A SOA 2003)

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.

In order to make a SHPO, the court must be satisfied that the offender presents a risk of sexual harm to the public (or particular members of the public) and that an order is necessary to protect against this risk. The details of the offence are likely to be a key factor in the court’s decision, together with the offender’s previous convictions and the assessment of risk presented by the Probation Service in any pre-sentence report. The court may take into consideration the range of other options available to it in respect of protecting the public. The court may want to consider:

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 only prohibitions which can be imposed by a SHPO are those which are necessary for the purpose of protecting the public from sexual harm from the defendant. These can, however, be wide ranging. An order may, for example, prohibit someone from undertaking certain forms of employment such as acting as a home tutor to children. It may also prohibit the offender from engaging in particular activities on the internet. The decision of the Court of Appeal in R v Smith and Others [2011] EWCA Crim 1772 reinforces the need for the terms of a SHPO to be tailored to the exact requirements of the case. SHPOs may be used to limit and manage internet use by an offender, where it is considered proportionate and necessary to do so. The behaviour prohibited by the order might well be considered unproblematic if exhibited by another member of the public – it is the offender’s previous offending behaviour and subsequent demonstration that they may pose a risk of further such behaviour, which will make them eligible for an order.

The order may have effect for a fixed period (not less than five years) or until further order, with the exception of a foreign travel prohibition which must be a fixed period of no more than five years (renewable). Different time periods may be specified for individual restrictions and requirements.

Where an SHPO is made in respect of an offender who is already subject to an SHPO, the earlier SHPO ceases to have effect. If the offender is already subject to a Sexual Offences Prevention Order or Foreign Travel Order made in Scotland or Northern Ireland, that order ceases to have effect unless the court orders otherwise.

Chapter 2 of Part 11 of the Sentencing Code sets out further matters related to making SHPOs.

Consult your legal adviser for guidance.

Availability of Sexual Harm Prevention Orders Available in respect of an offence listed in schedule 3 or 5 of the Sexual Offences Act 2003. These include:

• possession of indecent photograph of a child - Criminal Justice Act 1988, s.160;
• sexual assault – Sexual Offences Act 2003, s.3;
• exposure – Sexual Offences Act 2003, s.66;
• voyeurism – Sexual Offences Act 2003, s.67;
• threats to kill – Offences against the Person Act 1861, s.16;
• wounding/causing grievous bodily harm – Offences against the Person Act 1861, s.20;
• assault with intent to resist arrest – Offences against the Person Act 1861, s.38;
• assault occasioning actual bodily harm – Offences against the Person Act 1861, s.47;
• burglary with intent to inflict grievous bodily harm or to do unlawful damage to a building/anything within it – Theft Act 1968, s.9;
• arson – Criminal Damage Act 1971, s.1;
• violent disorder – Public Order Act 1986, s.2;
• affray – Public Order Act 1986, s.3;
• harassment – conduct causing fear of violence – Protection from Harassment Act 1994, s.4;
• racially or religiously aggravated wounding/causing grievous bodily harm – Crime and Disorder Act 1998, s.29;
• racially or religiously aggravated assault occasioning actual bodily harm – Crime and Disorder Act 1998, s.29;
• racially or religiously aggravated common assault – Crime and Disorder Act 1998, s.29;
• racially or religiously aggravated threatening behaviour – Crime and Disorder Act 1998, s.31(1)(a);
• racially or religiously aggravated disorderly behaviour with intent to cause harassment, alarm or distress – Crime and Disorder Act 1998, s.31(1)(b);
• exploitation of prostitution – Sexual Offences Act 2003, ss.52 and 53.

Section 344(2) of the Sentencing Code 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 making a Sexual Harm Prevention Order.

The following requirements or provisions are not part of the sentence imposed by the court but apply automatically by operation of law. The role of the court is to inform the offender of the applicable requirements and/or prohibition.

Notification requirements [Sections 80 to 88 and Schedule 3 of the Sexual Offences Act 2003] A relevant offender automatically becomes subject to notification requirements, obliging him to notify the police of specified information for a specified period. The court should inform the offender accordingly. The operation of the notification requirement is not a relevant consideration in determining the sentence for the offence.

Protection for children and vulnerable adults [Section 2 and Schedule 3 of the Safeguarding Vulnerable Groups Act 2006; Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 (SI 2009/37) (as amended)] A statutory scheme pursuant to which offenders will or may be barred from regulated activity relating to children or vulnerable adults, with or without the right to make representations, depending on the offence. The court should inform the offender accordingly.