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1 ADJOURNMENT 2 REMAND ON UNCONDITIONAL BAIL _NB Take legal

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					                                                                                               Pronouncements: Revised 2002                       1

1. ADJOURNMENT

 • The court is satisfied that the case cannot proceed further today because … …
 • We therefore adjourn the hearing until … … a.m. /p.m. on … … at the Court House at
   …………
 • During the adjournment we expect ......................................................................…….....
   .................................................................................................................................................
   .............................................................................................................................................
   ...............................................................................................................................................


 • At the next hearing we expect ......................................................................…….............
   .................................................................................................................................................
   .............................................................................................................................................
   ...............................................................................................................................................


2. REMAND ON UNCONDITIONAL BAIL (NB Take legal advice where offence is
 non-imprisonable or involves murder, rape, or manslaughter: !")

 • The court is satisfied that the case cannot proceed any further today because … …

 • We therefore adjourn the hearing until … … a.m./p.m. on … … at the Court House at
   ... … … …
 • During the adjournment we expect ..............................................................………..........
   ..........................................................................................................................………............
   ...........................................................................................…………………………….… …

 • At the next hearing we expect
   …….........................................................................................................................................
   .................................................................................................................................................
   ............................................................................................................................................

 • You are granted UNCONDITIONAL BAIL to attend court on that date at that time.
 • If you fail to attend as ordered you may be arrested and may be fined or given a
   custodial sentence for not attending
 • Failure to attend as ordered may mean that you might be kept in custody if the case
   is adjourned again

 • Any offence committed while you are on bail will have to be dealt with more
   seriously
 • Do you understand?
 • As soon as you have been given your written bail notice you may leave the court.
2       Magistrates Bench Handbook: Section 5
    •




3. REMAND ON CONDITIONAL BAIL (NB Take legal advice where offence is
        non-imprisonable or involves murder, rape, or manslaughter: !")

    • The court is satisfied that the case cannot proceed any further today because … …
    • We therefore adjourn the hearing until … … a.m./p. m. on … … at the Court House at
      …………
    • During the adjournment we expect ..............................................................………..........
      ..........................................................................................................................………............
      ...........................................................................................…………………………….… …

    • At the next hearing we expect ..............................................................………..........
    …..........................................................................................................................………...........
    ............................................................................................…………………………….… …
    • We are granting you BAIL until the next hearing on the following CONDITIONS
      — Conditions before release [see statutory Bail Form]
      — Conditions after release [see statutory Bail Form]
    • We have put these conditions on your bail because
      — Statutory grounds for applying conditions [see statutory Bail Form]
      — Add any further human rights reasons and explanations

    • If you fail to comply with these conditions you may be arrested and the court may
      keep you in custody until your case has been dealt with
    • If you fail to attend as ordered you may be arrested and may be fined or given a
      custodial sentence for not attending
    • Failure to attend as ordered may also mean that you might be kept in custody if the
      case is adjourned again

    • Any offence committed while you are on bail will have to be dealt with more
      seriously
    • Do you understand?
    • As soon as you have been given your written bail notice you may leave the court.
                                                                                               Pronouncements: Revised 2002                       3


4. REMAND IN CUSTODY (NB Take legal advice where offence is non-imprisonable or
  involves murder, rape, or manslaughter: !")

 • The court is satisfied that the case cannot proceed any further today because … …

 • We therefore adjourn the hearing until … … a.m./p.m. on … … at the Court House at
   …………
 • During the adjournment we expect ..............................................................………..........
   ..........................................................................................................................………............
   ...........................................................................................…………………………….… …

 • At the next hearing we expect
   …….........................................................................................................................................
   .................................................................................................................................................
   ............................................................................................................................................


 • We have not granted bail because we have substantial grounds for believing that:
    a) you would fail to return to court as required; and/or
    b) you would commit an offence while on bail; and/or
    c) you would interfere with witnesses or otherwise obstruct the case; and/or
 We believe this because of:
        i) the type of offence alleged and how serious it is; and/or
        ii) your criminal record and personal background; and/or
        iii) your lack of strong links within the community; and/or
        iv) the fact that you have previously failed to answer bail; and/or
        v) the strength of evidence against you

 And/or
    d) you have been arrested for breach of previous bail conditions; and/or
    e) we need to know more before we can consider bail fully; and/or
    f) you need to be kept in custody for inquiries and reports; and/or
    g) you have allegedly committed a serious offence (indictable or
        either way) while on bail; and/or
    h) for your own protection (and welfare if under 18 years); and/or
    i) you are already serving a custodial sentence.

 Add any further human rights reasons and explanations
 [The next hearing will take place over a live TV link.
 You will not be produced to the court that day but will be able to take part in the proceedings
 in the same way as if you were here.
 Cameras, microphones and TV screens will be arranged for everybody.
 This will all be explained to you before the next hearing.]

 If you feel you should have bail you have certain rights to apply to a Judge or to the
 Crown Court (your solicitor or the prison will help you).
4    Magistrates Bench Handbook: Section 5


5. REMAND IN CUSTODY FOR UP TO 28 DAYS
    (In cases where a defendant has previously been remanded in custody)

    • Start with pronouncement number 4: Then continue:

    • We have listened to what the prosecutor and you/your solicitor have had to say as
      to when the next stage in your case could take place
    • The next stage should take place on … … … … when we expect [e.g.] to:
      a) consider where your case will be heard [Either way offences]
      b) consider what your plea will be
      c) consider when the witnesses will be available and/or
      d) fix a date for your trial
      e) start to hear your case.

    • We are ordering that the remand in custody shall be until … … … …
    • Use pronouncement No.4 (a–i) for exceptions and reasons for refusing bail
    • Do you understand?


    6. FURTHER REMAND IN CUSTODY IN ABSENCE

    • Start with pronouncement number 4: Then continue:
    • You have just been remanded in custody until … … … …
    • On that day and on the following two further occasions you may, if you now agree
      (having spoken to your solicitor), be remanded in custody in your absence
    • This would mean that you would next be due back at court on … … … …
    • If you do agree but change your mind later, you will be brought back before the
      court
    • Do you understand?
    • Do you agree?
    • Your next appearance will be on … … … …

    [However, the next hearing will take place over a live TV link.
    You will not be produced to the court that day but will be able to take part in the proceedings
    in the same way as if you were here.
    Cameras, microphones and TV screens will be arranged for everybody.
    This will all be explained to you before the next hearing.]
                                                           Pronouncements: Revised 2002   5


  7A. REMAND FOR PRE-SENTENCE REPORT (PSR)

 • The court adjourns this case until … … for a pre-sentence report to be prepared

 • (i) WHERE A COMMUNITY PENALTY IS UNDER CONSIDERATION*
   We consider that your offence(s) is/are too serious for us to sentence you now by
   means of a discharge or fine, and are, therefore, adjourning sentence. The National
   Probation Service will assist the bench by assessing your suitability for a
   community penalty.

 • (ii) WHERE CUSTODY IS STILL AN OPTION*
   We consider that your offence(s) is/are too serious for us to sentence you now by
   means of a discharge or fine, and are, therefore, adjourning sentencing for a pre-
   sentence report. The National Probation Service will assess your suitability for a
   community penalty. However, you must understand that the sentencing bench will
   not be restricted to a community penalty as your offence is/are so serious that
   custody must remain an option.

 • (ii) SO SERIOUS: ALLOWS CUSTODIAL SENTENCE IN THE MAGISTRATES’ COURT
   OR CROWN COURT*
   We regard this case as so serious that you may go to prison. But, before we decide
   what order we make, and before we decide whether to sentence you here or send
   you to the Crown Court for sentence, we want a pre-sentence report to be prepared
   by the National Probation Service. You should not regard this as any indication of
   what course we may eventually follow or what order we may make.

 • MEDICAL REPORT
   We also consider that we need to know more about your medical condition We
   are therefore asking for the probation officer/prison doctor to arrange for you to
   be seen by one/two doctors who will provide the court with a report for the next
   hearing [Consult legal adviser about special bail conditions: !"]


 • It is in your own interests to co-operate in the preparation of the report(s)
 • Do you understand?
 • You must see the probation officer before you leave this court; or
 • You must attend the Probation Office as instructed by our legal adviser
 • In the meantime you will be released on bail/remanded in custody
   [See pronouncements Nos. 2, 3, or 4 on previous pages]


  7B. REMAND FOR SPECIFIC SENTENCE REPORT (SSR)

As in 7A(i) above substituting the words ‘specific sentence report’ for ‘pre-sentence
report’ and adding an explanation that the report will focus on the particular community
penalty, which should also be specified. The adjournment period will be shorter,
conceivably just a few hours, or less.
6    Magistrates Bench Handbook: Section 5

8. COMMITTAL TO THE CROWN COURT FOR TRIAL

    • SECTION 6(2)—‘Paper Committal’
      The Court commits you for trial at the … … … … Crown Court for the offences of
      …………………………………………………………………………………
    • SECTION 6(1)—‘Old-style Committal’
      Having considered the evidence the court finds that there is enough evidence
      against you for the case to be sent to the Crown Court for trial on the offences of …
      …………………………………………………………………………………
      We therefore commit you to the … … … … Crown Court for trial on those offences
    • [The court legal adviser will normally give the following reminder to the defendant]:
      You have a right to object to the statements being read out at your trial without
      your first having the opportunity to cross-examine that person, if you give written
      notice to the prosecutor and the Crown Court at ................ within 14 days of
      today’s date (unless the Crown Court allows you to object outside that period)

    • Your order for legal representation is extended to cover the Crown Court
      proceedings
    • A ‘plea and directions’ hearing is likely to be held at the Crown Court on …You will
      be given written notice about this by the Crown Court

    • In the meantime you are released on bail/remanded in custody
      [See pronouncements Nos. 2, 3 or 4 on earlier pages]

Note: Where an investigation began before 1 April 1997 the legal adviser will also give an
alibi warning and ask the court to make witness orders: !".

COMMITTAL TO THE CROWN COURT FOR RELATED OFFENCE(S)
(Section 4 Powers of Criminal Courts (Sentencing) Act 2000)

    • In addition you are committed to the Crown Court for sentence for the offence(s) of

      ...............................................................................................................................................

      because they are connected to the offence(s) of

      ..............................................................................................................................................

      for which we have already committed you for trial.
                                                                                               Pronouncements: Revised 2002                         7


9. COMMITTAL TO THE CROWN COURT FOR SENTENCE

 • The court has decided that the offence(s) you have committed is/are so serious that
   you should receive greater punishment than we can impose in this court because
   ……
   And/or
 • The court feels that given the violent/sexual nature of the offence(s) of
   .............................................................................................................................................
   you should be committed to prison and for a longer term than we have power to
   impose, in order to protect the public from serious harm from you because … …
   [NB This basis for committal to the Crown Court only applies only if defendant is aged
   18 years or over]


 • We therefore commit you to the Crown Court at … … … … … for sentence
 • Do you understand?
 • Your order for legal representation is extended to cover the Crown Court
   proceedings
 • A hearing is likely to take place at the Crown Court at … … … on … … … You will be
   given written notice about this by the Crown Court
 • In the meantime you are released on bail/remanded in custody
   [See pronouncements 2, 3 or 4 on earlier pages]

COMMITTAL TO THE CROWN COURT FOR OTHER MATTERS
(Section 6 Powers of Criminal Courts (Sentencing) Act 2000)

 • In addition you are also committed to the Crown Court for sentence on the
   offence(s) of

   ..............................................................................................................................................

   so that the Crown Court can deal with you for these offences at the same time.
8    Magistrates Bench Handbook: Section 5

    10A. ABSOLUTE DISCHARGE
    • Announce a summary of the reasons for the court’s decision
    • The court discharges you absolutely, that is, without imposing any penalty or
      punishment on you. However since you have been convicted of this/these
      offence(s) which we have been considering today a record of the conviction will be
      kept by the police [and on your driving licence record at Driver and Vehicle Licensing
      Agency, i.e. the DVLA].



    10B. CONDITIONAL DISCHARGE

    • Announce summary of reasons for the court’s decision
    • The court discharges you on condition that for the next … … … … months/years
      you do not commit any further offences
    • This means that you will not be punished today
    • But if you are convicted of any other offence committed during this period, you can
      be punished not only for that new offence but also for the offence(s) we have been
      considering today
    • In reaching our decision we have taken into account that you pleaded guilty at an
      early stage; or
    • In reaching our decision we have taken into account that you did not plead guilty at
      the earliest opportunity
    • Do you understand?
    • [If the offender was as a juvenile subject to a final warning given by the police in the
      two years prior to the date when the present offence was committed] The court thinks
      there are exceptional circumstances for giving a conditional discharge relating:
      —to the offence as follows:
      ..............................................................................................................................................
      —and/or to you the offender as follows
      ..............................................................................................................................................
      We think they are exceptional because
      ..............................................................................................................................................
                                                                                                Pronouncements: Revised 2002                       9


11. FINE/COMPENSATION/COSTS (Repeat as necessary for each offence)

 FINE
 • Announce summary of reasons for the court’s decision
 •   The court fines you £ … … for the offence of … … Or
 •   The court fines you a total of £ … … for these offences made up as follows: … … …
 •   We have reduced the total fine(s) as you indicated your guilt at an early stage Or
 •   We would have reduced your fine had you indicated your guilt earlier


 COMPENSATION [either as a sentence in its own right or as an ancillary order]
• Announce summary of reasons for the court’s decision
• For the offence(s) of … … … … we order you to pay compensation, in the sum(s) of
   £ … … … … for/towards the injury/damage/loss suffered by … … … … [specify]
Or
• We have not ordered you to pay compensation/the full amount of compensation
   because
...............................................................................................................................................

 COSTS
 • Announce summary of reasons for the court’s decision
 • You will pay £ … costs towards the prosecution of your case
 ...............................................................................................................................................

 PAYMENT
 •   All sums must be paid through the Court Office at … … … …
 •   You must pay a total of £ … … … … … …
 •   Can you pay in full now?
 •   How much can you pay now?
 •   Can you pay within 7 days?
 •   We order you to pay … …………… [Specify time, instalments etc.]
 •   If your circumstances change in any way, including changing your address, you
     must contact the court immediately. If you do not pay the fine, compensation and
     costs exactly as ordered the court will have a range of enforcement options
     including sending you to prison.

 COMPENSATION GIVEN PRIORITY OVER FINE
 • But for the fact that we have ordered you to pay compensation we would have
   imposed [a] [larger] fine(s)
 • The court legal adviser will now give you information on how to pay.
10 Magistrates Bench Handbook: Section 5


 12A. COMMUNITY REHABILITATION ORDER

  • Announce summary of reasons for the court’s decision

  • The court has taken into account all the relevant circumstances (and considered a
    report about you) and considers that the offence(s) is/are ‘serious enough’ for a
    community sentence
  • We are making a community rehabilitation order for … … … … months/years (6
    months—3 years)
  • This will restrict your personal freedom
  • During this period you will be supervised by a probation officer for the … … … …
    court area
  • You must keep in touch with your probation officer as instructed and tell the officer
    if you change address
  • You must carry out any instructions you are given
  • There are also additional requirements, namely … … … …
  • You will be supervised in order to:
       a) help you change your ways; and/or
       b) protect the public from harm from you; and/or
       c) stop you offending again.


  • If you do not keep to the conditions you will be brought back and the court will either
    sentence you in some other way or fine you and order that you finish the original
    sentence. The court regards breach of an order as a serious matter*
  • If your circumstances change, you or your supervising officer can ask the court to
    review the order
  • We have reduced the sentence as you indicated your guilt at an early stage Or
  • We would have reduced your sentence or reduced it more had you indicated your
    guilt at an earlier stage


  • You must see the probation officer before you leave this court Or
  • You must attend the Probation Office for the first time as now instructed by our
    legal adviser
  • Do you understand what you have to do?
                                                          Pronouncements: Revised 2002   11


12B. COMMUNITY REHABILITATION ORDER: TREATMENT FOR MENTAL
     CONDITION OR DRUG OR ALCOHOL DEPENDENCY
       Note: As soon as DTTOs (12G) are available in a court area the ability to include
       a condition relating to drug dependency will cease.

 • Announce summary of reasons for the court’s decision
 • The court has taken into account all the relevant circumstances and considered a
   report about you and considers that the offence(s) is/are ‘serious enough’ for a
   community sentence
 • The court proposes to make a community rehabilitation order for a period of … …
   months/years (6 months—3 years) but since the order cannot be made without your
   consent I will first explain the terms and requirements of the order.
 • The order will restrict your personal freedom
 • During this period you will be supervised by a probation officer for the … … court
   area and you must:
     a) keep in touch with that officer in accordance with any instructions that
        he/she may give you
     b) tell your probation officer if you change your address; and/or
     c) receive treatment as a resident patient at … … …; and/or
     d) receive treatment as a non-resident patient at … … …; and/or
     e) receive treatment by or under the direction of … … …; and/or
     f) take part in a treatment programme for drugs/alcohol dependency as directed
 • In making the order we are trying to:
      a) help you change your ways; and/or
      b) protect the public from harm from you; and/or
      c) stop you offending again
 • If you do not keep to the conditions you will be brought back and the court will
   either sentence you in some other way or fine you and order that you finish the
   original sentence. The court regards breach of an order as a serious matter*
 • If your circumstances change you or your supervising officer can ask the court to
   review the order
 •




 • We have reduced the sentence because you indicated your guilt at an early stage Or
 • We would have reduced your sentence or reduced it more had you indicated your
   guilt at an earlier stage

 • You must see the probation officer before you leave this court Or
 • You must attend the Probation Office for the first time as now instructed by our
   legal adviser
 • Do you understand what you have to do?
 • Do you agree to keep all the requirements of the order?
 [If defendant consents]
 • The court makes the community rehabilitation order for … … in the terms stated.
12 Magistrates Bench Handbook: Section 5


 12C. COMMUNITY PUNISHMENT ORDER

  • Announce summary of reasons for the court’s decision
  • The court has taken into account all the relevant circumstances (and considered a
    report about you) and considers that the offence(s) is/are ‘serious enough’ for a
    community sentence
  • The court makes a community punishment order for a total of … … hours (40—240)
    which will be supervised by a responsible officer appointed by the National
    Probation Service for the … … … … court area
  • This will restrict your personal freedom
  • You must:
    — report to the responsible officer when told
    — do unpaid work for the benefit of the community for a total of … … hours and
      finish the order within the next 12 months
    — keep in touch with the responsible officer in accordance with his or her
      instructions and make sure that officer knows where you are living
  • If you do not comply with the conditions you will be brought back and the court will
    either sentence you in some other way or give you an extra penalty and order that
    you finish the original sentence. The court regards breach of an order as a serious
    matter*
  • If your circumstances change you or your responsible officer can ask the court to
    review the order
  • We have reduced the sentence as you have indicated your guilt at an early stage
    Or
    We would have reduced your sentence or reduced it more had you indicated your
    guilt at an earlier stage


  • You must see the probation officer before you leave this court
    Or
    You must attend the Probation Office for the first time as now instructed by our
    legal adviser


  • Do you understand what you have to do?
                                                                 Pronouncements: Revised 2002      13

12D. COMMUNITY PUNISHMENT AND REHABILITATION ORDER

• Announce summary of reasons for the court’s decision
• The court has taken into account all the relevant circumstances (and considered a
  report about you) and considers that the offence(s) is/are serious enough for a
  community sentence
• The court makes a community punishment and rehabilitation order which is a
  community rehabilitation order for … months/years (12 months minimum—3 years)
  and a community punishment order for … … hours (40—100 hours)
• This will restrict your personal freedom
• In making the order we are trying to:
            a) help you change your ways
  and/or    b) protect the public from harm from you
  and/or    c) stop you offending again
• During the community punishment and rehabilitation order:
     (i) you will be supervised by a probation officer for the … … court area. You will
         be required to keep in touch as instructed and to tell the officer if you change
         address. You must carry out any instructions you are given
    There are also additional requirements, namely … … … … …
     (ii) you will also have to report to the responsible officer for community
         punishment as and when you are told; and do unpaid work for a total of … …
         hours during the next 12 months
    (iii) you must keep in touch with the responsible officer in accordance with
          instructions which will be given and make sure that officer knows where you
          are living
• If you do not keep to the conditions you will be brought back and the court will
  either sentence you in some other way or give you an extra penalty and order that
  you finish the original sentence. The court regards breach of an order as a serious
  matter
• If your circumstances change, you or your supervising probation officer can ask the
  court to review the order
• We have reduced the sentence as you have indicated your guilt at an early stage) Or
  We would have reduced your sentence or reduced it more had you indicated your
  guilt at an earlier stage
• You must see the probation officer before you leave this court Or
  You must attend the probation office for the first time as instructed now by our
  legal adviser
• Do you understand what you have to do?
Note If the requirements relate to treatment for mental condition [or drug] or alcohol dependency then
consent must be obtained from the offender. For the wording of the order, see pronouncement 12B
and the header to 12B concerning requirements relating to drug dependency.
14 Magistrates Bench Handbook: Section 5


 12E. CURFEW ORDER

  • Announce summary of reasons for the court’s decision
  • The court has taken into account all the relevant circumstances (and considered a
    report about you) and considers that the offence(s) is/are ‘serious enough’ for a
    community sentence
  • The court makes a curfew order for … . . . weeks/months [total time up to 6 months]
    starting from … … …
  • This will restrict your personal freedom
  • Throughout the period of the order you will remain at … … … … … … [address]
    between the hours of … … … and … … … every day/on the following days … … …
    … … … … … … … … …… … …
  • [[and] from … … … … remain at … … … … … … … … [address] between the hours of
    … … … and … … … every day/on the following days … … … … … … … … … …]
  • while the order is in force, you will wear a device to enable the order to be
    electronically monitored by (Add name of Monitoring Service concerned: see below)
  • You must comply with any reasonable instructions given by (the Monitoring Service)
    that are necessary for securing the monitoring of your whereabouts during the
    curfew periods
  • We have reduced the sentence as you have indicated your guilt at an early stage
    Or
  • We would have reduced your sentence or reduced it more had you indicated your
    guilt at an early stage
  • If you do not keep to the conditions you will be brought back and the court will
    either sentence you in some other way or fine you and order that you finish the
    original sentence. The court regards breach of an order as a serious matter*
  • If your circumstances change you or your supervising officer can ask the court to
    review the order
  • Do you understand what you have to do?

Note: The Monitoring Service in question will depend on where the defendant resides—Consult the court
legal adviser: !"
                                                           Pronouncements: Revised 2002   15


12F. ATTENDANCE CENTRE ORDER

• Announce summary of reasons for the court’s decision
• The court has taken into account all the relevant circumstances and considers that
  the offence(s) is/are ‘serious enough’ for a community sentence
• We are making an attendance centre order for … … … hours (12—36 hours)
• This will restrict your personal freedom
• You will attend the Attendance Centre at … … … … (address) at … … …a.m./p.m. on
  … … … (give date of first attendance) and must attend on further Saturdays as told by
  the centre supervisor until you have finished the hours
• You will receive a notice giving you instructions
• You will have to find your own way there and back
• If you fail to attend on any occasion or do not obey the rules of the centre you can
  be brought back to court and may be punished or dealt with in a different way
  including possibly being sent into custody. The court regards breach of an order as
  a serious matter*
• If your circumstances change you or the Centre Supervisor can ask the court to
  review the order
• We have reduced the sentence as you have indicated your guilt at an early stage
 Or
 We would have reduced your sentence or reduced it more had you indicated your
 guilt at an earlier stage
• Do you understand what you have to do?


Note: Where the order is imposed for fine default (offenders under 25 years of age only) the
above pronouncement should be adapted accordingly: take advice about local practice
!".
16 Magistrates Bench Handbook: Section 5


     12G. DRUG TREATMENT AND TESTING ORDER (DTTO)
     (i) ORDER FOR OBTAINING SAMPLE WITH A VIEW TO THE COURT
         MAKING A DTTO
     • Announce summary of reasons for the court’s decision.
     • The court is considering making a drug treatment and testing order in respect of
       the offence(s) of … … … … … … … … … …
     • which is/are ‘serious enough’ for a community penalty
     • We are satisfied that you are dependent on drugs and/or have a tendency to abuse
       drugs and as a result you may be susceptible to treatment
     • So that we can know whether you have any traces of drugs in your body we require
       you, if you consent, to provide samples of …
     • Do you agree?
     [If yes]
     • The court directs that samples be taken as stated with a view to making a drug
       treatment and testing order.

     • This is an order of the court, and if you do not comply with it or the tests or any
       other information we may receive shows that a drug treatment and testing order
       would not be suitable for you, you will be brought back and the court will sentence
       you in some other way.

     [For a pre-sentence report (PSR) requested at the same time, see Pronouncement 7A.]
     [For bail or custody, see Pronouncements 2, 3 and 4]


     (ii) DRUG TREATMENT AND TESTING ORDER
     • Announce summary of reasons for the court’s decision [refer to Sampler’s Report and
       any PSR]
     • The court is satisfied that the offence(s) of … … … … … … … … …… … … …
       is/are ‘serious enough’ for a community penalty and proposes to make a drug
       treatment and testing order
     • Before the order can be made I must first explain the requirements and then ask
       you if you are willing to keep to them1
     • The court proposes to make an order for … … … … months/years being satisfied
       that you are dependent on drugs and/or have a tendency to misuse drugs and that
       you may respond to treatment
     • During the period of the order you must submit yourself for treatment by or under
       the direction of … … … … … … … … … …


1
    It may be advisable for the nature of the order and its implications to be explained informally before
    this stage outside court by the legal adviser or, as appropriate, the probation officer.
                                                          Pronouncements: Revised 2002   17

• You will be treated while a resident at … … … … … … … … … … … … … … … Or
• You will be treated as a non-resident at … … … … … … … … … … … … … … … …
  at such times as you will be told
• To know whether you have any drugs on your body during the treatment and
  testing period you may be asked to provide samples for analysis at such times and
  in such circumstances as may be decided by the person responsible for your
  treatment. Each month you will be required to provide a minimum of … … samples.
• For the period of the order you will be supervised by a probation officer and you
  must keep in touch with him or her as instructed and tell him or her of any change
  of address. The officer will also be told of the results of the tests carried out on the
  samples you provide.
• The order will be reviewed at least each month by the court and you must attend
  each hearing. You must attend for the first review on … … … … … … … … … …
• All information on your progress will be before the court and the order may be later
  amended with your consent
• The order may also be reviewed at the request of either you or your probation
  officer
• If you do not keep to the conditions you will be brought back and the court will
  either sentence you in some other way or fine you and order that you finish the
  original sentence. The court regards breach of an order as a serious matter*
• Do you understand the requirements of this order?
• [If so] Do you agree to the order being made?
• [If so] The court makes a drug treatment and testing order for … … months/years.


12H. BREACH OF COMMUNITY SENTENCE*

• You have admitted/it has been proved that you have breached the conditions of
  your order [Give details of original order and breach as found by the court]
• This is an order of the court and we regard it as a serious matter that you have not
  complied with it/and the instructions given to you by the relevant officer.

Then either:

 1. Announce why you are accepting the probation officer’s recommendation that
    the order should continue and that no action be taken and warn the defendant
    about keeping to the order in future Or
 2. Announce the punishment of a fine or other possible extra penalty and the
    continuance of the order and warn the defendant about keeping to the order in
    future Or
 3. Announce why the court has decided to re-sentence for the original offence and
    to revoke the … … … … … … … … … … order [For wording of new sentence,
    see the appropriate Pronouncement elsewhere in this section of the Magistrates
    Bench Handbook].
18 Magistrates Bench Handbook: Section 5


  13A. CUSTODIAL SENTENCE (18 YEARS OF AGE OR OVER)

  • Announce summary of reasons for the court’s decision and give reasons for the
    court’s conclusion that the offence(s) is/are ‘so serious’ as to require a custodial
    sentence … … … … … … … … … …

  • You will go to prison/a young offender institution for … … … days/months for the
    offence of … … … … …
      and for … … … … days months for the offence of … … … [and repeat as necessary]
  • These sentences will run concurrently/consecutively

  • The total length of custody is … … … …

  • Or The offence(s) is/are of a violent/sexual nature and we consider that a custodial
    sentence is the only way to protect the public from serious harm from you because
    [Give reasons] ....................................................... [then announce sentence as above]

  • Or You will not agree to a requirement a community order which requires your
    consent i.e. ....................................................... [!"]
    and no other type of sentence is appropriate and we therefore think a custodial
    sentence is justified and no other type of sentence is appropriate and we therefore
    think a custodial sentence is justified
    [Give reasons] ....................................................... [then announce sentence as above]


  • We have reduced the sentence as you have indicated your guilt at an early stage Or
  • We would have reduced your sentence or reduced it more had you indicated your
    guilt at an earlier stage
  • This custody period will start now [and run alongside the sentence you are already
    serving] or [and some/all of the period will take effect after the sentence you are serving
    which will add … … … … days/months]

  • People serving a custodial sentence are usually released half-way through unless,
    for example they misbehave or their overall sentence is 4 years or more
  • Any possible reduction for any time spent on remand in custody will be worked out
  •
    at the prison/young offender institution
  • If you are released early
    —Your sentence does not come to an end
    — You may be on some form of licence or supervision
    — If you breach your licence or supervision you could be fined or sent back into
        custody for a period
    — If you commit a further offence within certain times after your release you may be
        returned to custody
  • All this will be explained to you again if you wish when you reach the prison/young
    offender institution and again before you are released.
                                                                                                 Pronouncements: Revised 2002                    19


    13B. SUSPENDED IMPRISONMENT

    • Announce summary of reasons for the court’s decision and give reasons for the
      court’s conclusion that the offence(s) is/are ‘so serious’ as to require a custodial
      sentence … … … … … … … … … …

    • You will go to prison2 for … … … days/months for the offence of … … … … …
       and for … … … … days months for the offence of … … … [and repeat as necessary]
    • These sentences will run concurrently/consecutively

    • The total length of custody is … … … …

    • Or The offence(s) is/are of a violent/sexual nature and we consider that a custodial
      sentence is the only way to protect the public from serious harm from you because
      [Give reasons] ....................................................... [then announce sentence as above]

    • Or You will not agree to a requirement a community order which requires your
      consent i.e. ....................................................... [!"]
      and no other type of sentence is appropriate and we therefore think a custodial
      sentence is justified and no other type of sentence is appropriate and we therefore
      think a custodial sentence is justified
      [Give reasons] ....................................................... [then announce sentence as above]


    • We have reduced the sentence as you have indicated your guilt at an early stage Or
    • We would have reduced your sentence or reduced it more had you indicated your
      guilt at an earlier stage

    • However, because of the exceptional circumstances, namely
      ...............................................................................................................................................
      the sentence of imprisonment will be suspended for … … … … months/years. We
      find that there are exceptional circumstances because ................................................
    • This means you will not go to prison today
    • But if you commit an offence that carries imprisonment during the next … …
      months/years you can expect to serve the sentence we have imposed today in
      addition to any penalty for the new offence
    • Do you understand?




2
    Only imprisonment can be suspended, not detention in a young offender institution.
20 Magistrates Bench Handbook: Section 5


14. DEFERMENT OF SENTENCE

  • Announce summary of reasons for the court’s decision
  • The court is not sentencing you today but will do so on … … at … … a.m./p.m.
  • Until then, we expect you to (Specify expectations)
    .................................................................................................................................................
    .................................................................................................................................................
    ...........................................................................................................................................
    ...............................................................................................................................................
  • A (further) pre-sentence report must be prepared so that we have all the information
    we need before we sentence you
  • On … … … … we will take into account whether or not you have done what we
    expect you to do
  • You must assist the probation officer when the report is being prepared

  • Do you understand?
  • Do you agree to our sentencing you on another day rather than now?


15. BIND OVER

  • The court proposes to make an order that you be bound over for the amount of £ …
    for a period of … … … months/years from today

  • You must keep the peace* [especially towards … … … … ] for that period
  • If you break the terms of the order you may be brought back to court and have to
    pay all or part of the amount of £ … … … …

  • Do you understand?
  • Do you agree to give this guarantee that you will keep the peace*?
  • Then that is the order we make




  * As explained in The Sentence of the Court, Chapter 6, European obligations are against the use of a
    bind over ‘to be of good behaviour’: !"
                                                         Pronouncements: Revised 2002   21


16. DISQUALIFICATION FROM HOLDING/OBTAINING DRIVING LICENCE

 • Announce summary of reasons for the court’s decision
 • You are disqualified from driving for … … … …
 • From now you must not:
  —obtain or attempt to obtain a driving licence
  Or
  —drive or attempt to drive any motor vehicle on any public road

 • If you do drive you may have to pay a fine of up to £5,000 or go to prison for up to
   six months or both
 • You must apply to the Driver and Vehicle Licensing Agency (the ‘DVLA’), Swansea if
   you wish to drive again at the end of the disqualification period
 [Or if the period is under 56 days]

 • Your driving licence will usually be returned to you in due course but must not be
   used until the disqualification is over.

 • If you do drive you may have to pay a fine of up to £5,000 or go to prison for up to 6
   months or both.


 • Do you understand?
 • The court legal adviser will hand you a notice.


INTERIM DISQUALIFICATION

 • Announce summary of reasons for the court’s decision
 • You have been convicted of the offence(s) of … … … … … … … and the court has
  — committed you to the Crown Court for sentence; or
  — remitted you to the … … … … … … Magistrates' Court to be dealt with; or
  — deferred passing sentence on you; or
  — adjourned to another date for sentence


 • You are as now subject to an interim disqualification which will last until the
   offence(s) is/are finally dealt with

 • Explain as in relation to disqualification above making necessary adjustments.
22 Magistrates Bench Handbook: Section 5


17. RE-TEST

  • Announce summary of reasons for the court’s decision
  • We (also) disqualify you until you pass the appropriate driving test
  • This means that you will have to apply for a provisional licence to cover such types
    of vehicle as you may wish to drive in the future
  • You will have to comply with all the conditions of that provisional licence and take a
    driving test.
  • [Where this follows a compulsory disqualification add:] The test will be an extended
    driving test.
  • Should you fail to comply with the conditions of the provisional licence, you may
    have to pay a fine of up to £5,000 or go to prison for up to 6 months or both
  • You can apply to the DVLA at Swansea for such a provisional licence now
    Or
  • You can only apply to the DVLA for such a provisional licence at the end of any full
    disqualification from driving
  • Do you understand ?
                                                         Pronouncements: Revised 2002   23


18. CUSTODY IN DEFAULT OF PAYMENT OF FINE

 • Announce summary of reasons for the court’s decision
 • The court is satisfied that your failure to pay the fine/compensation/costs as
   required was because of your:
  a) wilful refusal (this means that you have deliberately refused to pay the fine)
  because … … … … … … … … … … … … …
  And/or
  b) culpable neglect (this means that you could have paid the fine but have not)
  because … … … … … … … …… … … … …

 • The court has considered (or tried) all other methods of enforcing payment and
   finds them inappropriate or unsuccessful
  —a distress warrant is not appropriate because … … … …
  —attachment of your earnings is not appropriate because … … … …
  —taking deductions from your benefits is not appropriate because … … … …
  —making a money payment supervision order is not appropriate because … … …
  —an attendance centre order is not appropriate because [under 25s only] … … … …
  —proceedings in the High Court/County Court are not appropriate because … … …
  —other enforcement methods (specify) are not appropriate because … … …


 • For failing to pay fines/costs/compensation of £ … … … for the offence of … … …
   we are sending you to prison/detention for … … … days/weeks [repeat for each sum
   due]
 • These orders are consecutive/concurrent to one another meaning that your total
   liability to imprisonment/detention is … … …


IF SUSPENDED

 • Announce summary of reasons for the court’s decision to suspend the order
 • This period will be suspended if you pay £ … … by … … … … … 0r

 • Make payments of each and every week/fortnight/month starting on … … … until
   the debt is cleared



 • Do you understand?
24 Magistrates Bench Handbook: Section 5


19A. REPORTING ETC. RESTRICTIONS (current at Oct 2002) Always !"

UNDER SECTION 39 CYPA 1933

  • Announce summary of reasons for the court’s decision
  • The court directs that no report shall reveal the name, address (or school) or
    include any particulars calculated to lead to the identification of the child(ren)
    concerned in these proceedings (and) (no picture of the child(ren) shall be
    published except as follows:

[Note: The above pronouncement ceases once those in 19B are effective !"]

UNDER SECTION 4 CONTEMPT OF COURT ACT 1981

  • Announce summary of reasons for the court’s decision
  • We consider there to be a risk of substantial prejudice to the administration of
    justice in these proceedings or in other pending or imminent proceedings


  • Therefore we order that the publication of any report of
     —the whole proceedings
     —the following part of the proceedings … … … … … …
     be postponed until … … … … …


UNDER SECTION 11 CONTEMPT OF COURT ACT 1981

  • Announce summary of reasons for the court’s decision (so far as practicable in all
     the circumstances including human rights considerations)
  • We have allowed the following to be withheld from the public in these proceedings
  ..................................................................................................................................................
  • We give the following directions to meet the purpose for which such information
    was withheld
  ...............................................................................................................................................


UNDER SECTION 58 CRIMINAL PROCEDURE AND INVESTIGATIONS
ACT 1997 (DEROGATORY ASSERTIONS)

  • Announce summary of reasons for the court’s decision
  • We make a final/interim order under section 58 Criminal Procedure and
    Investigations Act 1997 that the derogatory assertions, namely
    ...............................................................................................................................................
    ...............................................................................................................................................

     shall not be published in Great Britain in a written publication available to the public
     or be included in a relevant programme for reception in Great Britain.
                                                           Pronouncements: Revised 2002   25


19B. REVISED REPORTING ETC. RESTRICTIONS (when in force)
    Always !"

UNDER SECTION 39 CYPA 1933
(Child/young Person – Non-criminal proceedings)

 • Announce summary of reasons for the court’s decision
   The court directs that no report shall reveal the name, address (or school) or include
   any particulars calculated to lead to the identification of the child(ren) concerned in
   these proceedings (and) (no picture of the child(ren) shall be published except as
   follows … … … … … … … … … … … … …

UNDER SECTION 45 YJCE ACT 1999
(People under 18 years – Criminal proceedings other than in a youth court. Note:
Section 49 CYPA 1933 places automatic restrictions in respect of children and young
persons in the youth court)

 • Announce summary of reasons for court’s decisions
 • The court directs that no matter relating to ….., being a person concerned in these
   proceedings shall, while (s)he is under the age of 18 years, be included in any
   publication if it is likely to lead members of the public to identify him/her as a
   person concerned in these proceedings
   [The court makes the following excepting direction … … … … … … … … … … …]

UNDER SECTION 46 YJCE ACT 1999
(Adult witnesses in any criminal proceedings)

 • Announce reasons for making a ‘reporting direction’ in respect of a ‘witness eligible
   for protection’
 • The court directs that, during the lifetime of the witness ….., no matter relating to
   that witness shall be included in any publication if it is likely to lead members of the
   public to identify him/her as being a witness in the proceedings
 • [The court makes the following excepting direction … … … … … … … … … … …]


UNDER SECTION 4 CONTEMPT OF COURT ACT 1981
   This continues unchanged as per 19A

UNDER SECTION 11 CONTEMPT OF COURT ACT 1981
   This continues unchanged as per 19A

UNDER SECTION 58 CRIMINAL PROCEDURE AND INVESTIGATIONS
ACT 1997 (DEROGATORY ASSERTIONS)
   This continues unchanged as per 19A
26 Magistrates Bench Handbook: Section 5


20A. SEX OFFENDERS ACT 1997

The following pronouncement should be made following conviction of an offence
outlined in Schedule I Sex Offenders Act 1997 [as to which seek advice: !"]
  • You have been convicted today of a sexual offence to which Part I of the Sex
    Offenders Act 1997 applies

NON-CUSTODIAL SENTENCES
  • This means that within 14 days from today, you must register with your local police
  • You must tell them your name, any other names which you use, your date of birth
    and the address where you are living
  • You must also inform your local police, within 14 days, of any change of address,
    and, if you stay at a different address within the United Kingdom for 14 days or
    more, that address as well
  • This requirement to register lasts for 5 years*
  • A notice to this effect will be served on you and you must wait in this courtroom
    until that has been done.


CUSTODIAL SENTENCES
  • This means that within 14 days from your release, you must register with your local
    police
  • You must tell them your name, any other names which you use, your date of birth
    and the address where you are living
  • You must also inform your local police within 14 days, of any change of address,
    and if you stay at a different address within the United Kingdom for 14 days or
    more, that address as well
  • The requirement to register lasts for 7 years* [10 years* if the sentence exceeds 6
    months: generally seek legal advice: !"]


ADJOURNMENT OF SENTENCE
  • This means that within 14 days from today you must register with your local police
  • You must tell them your name, any other names which you use, your date of birth
    and the address where you are living
  • You must also inform your local police within 14 days, of any change of address,
    and, if you stay at a different address within the United Kingdom for 14 days or
    more, that address as well
  • As sentence has been adjourned/deferred, you will be told how long the
    requirement to register lasts when you have been dealt with by the court

* All relevant periods are halved for those offenders under the age of 18 at the date of conviction.
                                                                                         Pronouncements: Revised 2002                     27


20B. SEX OFFENDER ORDER (CRIME AND DISORDER ACT 1998)

ON MAKING AN ORDER:

 • You have been made the subject of a Sex Offender Order. This means that you are
   prohibited from
   [Insert prohibitions subject to order]
  ..........................................................................................................................………........
  .............................................................................................…………………………….……

  for [5 years/… … years/ until further order]


 • If you breach any of these prohibitions you will have committed an offence and will
   be brought back before this court and could be fined or sent to prison for up to 6
   months or both
 • You must also within 14 days from today register with your local police. You must
   tell them your name, any other names which you use, your date of birth the address
   where you are living
 • You must notify the police of any change of name or the address where you are
   living within 14 days of the date of any change
 • If you stay at a different address within the United Kingdom for 14 days or more,
   that address as well
 • This requirement to register lasts for as long as the order has effect
 • If you fail to comply with these requirements without a reasonable excuse, or give
   the police false information you could be fined or sent to prison for up to 6 months
   or both
 • A notice to this effect will be given to you and you must wait in this courtroom until
   that has been done.
28 Magistrates Bench Handbook: Section 5

21. DRINK/DRIVE REHABILITATION COURSE

     • You have just been disqualified for … … for a drink/drive offence
     • In the circumstances we are able to give you the chance to reduce that period by up
       to one quarter if, before a set date, you successfully complete a rehabilitation
       course
     • The course which can be undertaken in any part of the country will last for at least
       16 hours over a number of sessions


     • The cost will vary but could range from £ … … to £ … … depending on your
       circumstances and the particular course
     • If we do refer you to such a course you would not be forced to attend it, but failure
       to attend and take part and pay the fee means you will have lost the chance to
       reduce your disqualification


     • Do you
       — Understand?
       — want to read some literature about it?
       — want the court to make some further enquiries if necessary?3


ORDER (Consult the court legal adviser in all cases)
     • We now make the following referral order:
       — Course provider … … … …
       — Amount by which disqualification could be reduced … … … …
       — Date for completion … … … …
       — Fee quoted by provider … … … …


     • You will receive a copy of this order in the post within a few days
     • If the course provider has not contacted you within 14 days you must chase the
       matter up


     • It is entirely up to you to take up this opportunity.




3
    Informal discussions with the defendant and a private explanation may be desirable before the relevant
    questions are put in court.

				
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