Triable only on indictment (if kidnapping or false imprisonment committed), otherwise triable either way
Maximum: Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years’ custody
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.
In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*
Section 59(1) of the Sentencing Code provides that:
“Every court –
- must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and
- must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,
unless the court is satisfied that it would be contrary to the interests of justice to do so.”
This guideline applies only to offenders aged 18 and older. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles – Sentencing Children and Young People.
*The maximum sentence that applies to an offence is the maximum that applied at the date of the offence.
The starting point and range should be commensurate with that for the preliminary offence actually committed but with an enhancement to reflect the intention to commit a human trafficking offence. The enhancement will vary depending on the nature and seriousness of the intended trafficking offence, the seriousness of the preliminary offence, and the extent to which the offender was themselves the victim of modern slavery, pressure, coercion or intimidation, but up to 2 years’ custody is suggested as a suitable enhancement. Sentencers should also take into account the totality of offending (see the Totality guideline) in particular where the preliminary offence or other modern slavery offences are to be sentenced alongside the section 4 offence.
| 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. |