For offences committed on or after 28 June 2022: triable on indictment only if offence arranged or facilitated is section 5, section 6, section 8, section 9 (if penetration involved) or section 10 (if penetration involved); otherwise triable either way.
For offences committed before 28 June 2022: triable either way
Maximum:
For offences committed on or after 28 June 2022:
- Life imprisonment (if offence arranged or facilitated is section 5, section 6 or section 8 (if penetration involved) of the Sexual Offences Act 2003)
- 14 years’ custody (if offence arranged or facilitated is section 7, section 8 (if no penetration involved), section 9 or section 10 of the Sexual Offences Act 2003)
- 10 years’ custody (if offence arranged or facilitated is section 11 or section 12 of the Sexual Offences Act 2003)
For offences committed before 28 June 2022:
- 14 years’ custody
For offences committed on or after 3 December 2012, these are offences listed in Part 1 of Schedule 15 for the purposes of sections 273 and 283 (life sentence for second listed offence) of the Sentencing Code.
These are specified offences for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code.
When sentencing a section 14 offence, sentencers should refer to the guideline for the applicable, substantive offence of arranging or facilitating under sections 5 to 12:
- Rape of a child under 13, Sexual Offences Act 2003, s.5 (for offences committed on or after 28 June 2022)
- Assault of a child under 13 by penetration, Sexual Offences Act 2003, s.6 (for offences committed on or after 28 June 2022)
- Sexual assault of a child under 13, Sexual Offences Act 2003, s.7 (for offences committed on or after 28 June 2022)
- Causing or inciting a child under 13 to engage in sexual activity, Sexual Offences Act 2003, s.8 (for offences committed on or after 28 June 2022)
- Sexual activity with a child, Sexual Offences Act 2003, s.9
- Causing or inciting a child to engage in sexual activity, Sexual Offences Act 2003, s.10
- Engaging in sexual activity in the presence of a child, Sexual Offences Act 2003, s.11
- Causing a child to watch a sexual act, Sexual Offences Act 2003, s.12
The level of harm should be determined by reference to the type of activity arranged or facilitated. Where the activity takes place, sentences commensurate with the applicable starting point and range will ordinarily be appropriate.
No sexual activity need take place for a section 14 offence to be committed (including in instances where no child victim exists). In such cases the court should identify the category of harm on the basis of the sexual activity the offender intended, and then apply a downward adjustment at step two to reflect the fact that no or lesser harm actually resulted.
The extent of this adjustment will be specific to the facts of the case. In cases where an offender is only prevented by the police or others from conducting the intended sexual activity at a late stage, or where a child victim does not exist and, but for this fact, the offender would have carried out the intended sexual activity, only a very small reduction within the category range will usually be appropriate.
Where, for instance, an offender voluntarily desisted at an early stage a larger reduction is likely to be appropriate, potentially going outside the category range.
In either instance, it may be the case that a more severe sentence is imposed in a case where very serious sexual activity was intended but did not take place than in a case where relatively less serious sexual activity did take place.
The sentence will then be subject to further adjustment for aggravating and mitigating features, in the usual way.
For offences involving significant commercial exploitation and/or an international element, it may be appropriate to increase a sentence to a point above the category range. In exceptional cases, such as where a vulnerable offender performed a limited role, having been coerced or exploited by others, sentences below the range may be appropriate.
| May be made by: | A magistrates’ court or the Crown Court |
| Relevant legislation | Chapter 2 of Part 7 of the Sentencing Code |
| Availability | 1. The court must consider making a compensation order in any case where personal injury, loss or damage has resulted from the offence. It can either be an ancillary order, or, a sentence in its own right (which does not attract a surcharge). The court must give reasons if it decides not to order compensation (Sentencing Code, s.55).
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. |
| Considerations | 5. Subject to consideration of the victim’s views (see paragraph 7 below), the court must order compensation wherever possible and should not have regard to the availability of other sources such as civil litigation or the Criminal Injuries Compensation Scheme. Any amount paid by an offender under a compensation order will generally be deducted from a subsequent civil award or payment under the Scheme to avoid double compensation. Victims who suffer minor injuries will usually not be eligible to claim under the Criminal Injuries Compensation Scheme. It is therefore of greater importance that appropriate applications for compensation are made during criminal sentencing exercises. A guide to suggested amounts for specific injuries commonly seen in magistrates’ courts is provided below.
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:
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. |
| Combining compensation with a custodial sentence | 11. The fact that a custodial sentence is imposed does not, in itself, make it inappropriate to order compensation; however, it may be relevant to whether the offender has the means to satisfy the order. Magistrates should consult their legal adviser in any case where they are considering combining compensation with a custodial sentence. |
| Effect on other financial orders | 12. Where the court considers that it would be appropriate to impose a fine and a compensation order but the offender has insufficient means to pay both, priority should be given to compensation. Compensation also takes priority over the surcharge where the offender’s means are an issue. |
| Collection order | 13. The court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.
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. |
| Consequences of non-payment | 14. Failure to pay a compensation order is a criminal matter and carries a penal sanction. |
| Crown Court only | 15. No sentence in default can be imposed unless the compensation order is for £20,000 or more, in which case it is enforceable as a fine of such an amount. |
Suggested starting points for lower level physical and mental injuries
| May be made by | The Crown Court |
| Relevant legislation | Serious Crime Act 2007, part 1 (section 19 - 21) |
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Availability
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Can be made by the Crown Court if the offender has:
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. |
| Content of the order | An order may contain prohibitions, restrictions or requirements and any other terms that the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the offender in serious crime in England and Wales.
The SCPO can contain prohibitions, restrictions or requirements. For example the SCPO may include: Prohibitions, restrictions, or requirements in relation to:
Requirement(s) to answer questions, or provide information, specified or described in an order:
Requirement(s) to produce documents specified or described in an order:
The order may include prohibitions, restrictions or requirements in relation to an individual's private dwelling (such as where an individual may reside). |
| Length of the order
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The order must specify when it comes into force and when it will end.
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. |
| Effect on earlier orders | Where an offender is already the subject of a serious crime prevention order that existing order must be discharged. |
| Powers of Crown Court to vary orders on conviction | Where the Crown Court is dealing with a person who has been convicted of having committed a serious offence in England and Wales and is the subject of a SCPO:
· 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.
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| Consequences of breach | Breach of a SCPO is a criminal offence, maximum penalty five years’ custody. |
| May be made by | A magistrates’ court or the Crown Court |
| Relevant legislation | Sentencing Act 2020, part 11, Chapter 2 |
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Availability
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Where a person is convicted of an offence listed in Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 the court dealing with the offender in respect of the offence may make an SHPO if satisfied that it is necessary to do so for the purpose of—
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. |
| Considerations | 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:
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| Content of the order | The order may prohibit the offender from doing anything described in the order or require the offender to do anything described in the order.
The prohibitions or requirements which are imposed must, so far as practicable, be such as to avoid—
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. |
| Length of the order
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Within the SHPO the Court must specify the period for which each prohibition or requirement is to have effect (the specified period).
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. |
| Effect on earlier orders | Where an order 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. |
| Consequences of breach | Breach of a SHPO is a criminal offence, maximum penalty five years’ custody. |
| May be made by | A magistrates’ court or the Crown Court |
| Relevant legislation | Licensing Act 2003, Part 6 |
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Availability
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A personal licence is a licence granted by a licensing authority to an individual which authorises them to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence.
Where the holder of a personal licence is convicted of a relevant offence the court may:
A relevant offence is one listed in Schedule 4. |
| Considerations | The court may take account of any previous conviction for a relevant offence. |
| Further Actions for the court | Where the holder of a personal licence is convicted of a relevant offence the court must (as soon as reasonably practicable) send the relevant licensing authority a notice specifying
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