Criminal Justice Act 2003 s.305 – Interpretation of Part 12

(1)In this Part, except where the contrary intention appears—

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“associated”, in relation to offences, is to be read in accordance with [^F663 section 400 of the Sentencing Code ^F663] ;
“attendance centre” has the meaning given by section 221(2);
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“community order” has the meaning given by [^F664 section 200 of the Sentencing Code ^F664] ;
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“court” (without more), except in Chapter 7, does not include a service court[^F665 , but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006 ; ^F665]
^F666 “curfew requirement”, in relation to a community order, ... or suspended sentence order, has the meaning given by [^F667 paragraph 9(1) of Schedule 9 to the Sentencing Code ^F667] ;
“custodial sentence” has the meaning given by [^F668 section 222 of the Sentencing Code ^F668] ;
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“default order” has the meaning given by section 300(3);
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“licence” means a licence under Chapter 6;
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[^F671 “the PCC(S)A 2000” means the Powers of Criminal Courts (Sentencing) Act 2000 ; ^F671]
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“sentence of imprisonment” does not include a committal—
(a)
in default of payment of any sum of money,

(b)
for want of sufficient distress to satisfy any sum of money, or

(c)
for failure to do or abstain from doing anything required to be done or left undone ,

and references to sentencing an offender to imprisonment are to be read accordingly;
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

[^F672 “service court” means—
(a)
the Court Martial;

(b)
the Summary Appeal Court;

(c)
the Service Civilian Court;

(d)
the Court Martial Appeal Court; or

(e)
the Supreme Court on an appeal brought from the Court Martial Appeal Court;^F672]

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“suspended sentence” and “suspended sentence order” have the meaning given by [^F673 section 286 of the Sentencing Code ^F673] ;
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“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37) .

[^F674 (1A) In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).^F674]

(2)For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.

(3)Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

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Definitions used in section 305 2

service court

8 In this Schedule, and in any provision of this Part as applied by this Schedule, “service court” means—

(a) the Court Martial;

(b) the Summary Appeal Court;

(d) the Court Martial Appeal Court.

Defined in Sch.7 para.8 · see it in the full Act

the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering section 305 11

James, R (On the Application Of) v HM Prison Birmingham & Ors

[2015] EWCA Civ 58 · 9 February 2015Limits

A committal for failure to do or abstain from doing an act is excluded from the meaning of a sentence of imprisonment. The exclusion prevents prison authorities from applying the statutory criminal remand-credit scheme to civil contemnors. (see paras [20]; [30]; [32]) The exclusion of committals for failure to do or abstain from doing an act was maintained, making the statutory remand-credit provisions inapplicable to civil contempt. (see para [30])

L & Ors v The Children's Commissioner for England & Anor

[2013] EWCA Crim 991 · 21 June 2013Interprets

The court read the provision with the other statutory age provisions as requiring the court to consider available evidence when age is in issue, rather than rely on visual impression. (see paras [21]-[22])

Pinnell & Anor, R. v

[2010] EWCA Crim 2848 · 7 December 2010

The court applied this provision to import the definition of associated offences from section 161(1) of the <span class="legis">Powers of Criminal Courts (Sentencing) Act 2000</span>. (see paras [19]-[20]; [42])

Burns, R. v[2009] EWCA Crim 1907 · 3 September 2009
C & Ors, R v[2008] EWCA Crim 2790 · 26 November 2008
K v P[2008] EWCA Civ 600 · 30 April 2008
Phillips & Ors, R. v[2007] EWCA Crim 1735 · 27 June 2007
Miah & Anor, R v[2011] EWCA Crim 945 · 15 April 2011
Costello v R.[2010] EWCA Crim 371 · 2 March 2010
Wilkinson & Ors, R v[2009] EWCA Crim 1925 · 6 October 2009
Stephens & Anor, R. v[2007] EWCA Crim 1249 · 25 May 2007

What each judgment says about section 305 is in the case-law panel in the full Act.

Explanatory note

655.This Section defines various terms used in this Part of the Act. It also outlines how to determine the age of an offender for sentencing purposes and how to construe “imprisonment” in relation to young offenders.

All the explanatory notes for the Act

Amendments and notes

17 notes from legislation.gov.uk

Amendments

F661Words in s. 305(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F662Words in s. 305(1) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 6(3) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F663Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F664Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(4) (with Sch. 27); S.I. 2020/1236, reg. 2
F665S. 305(1): words in definition of "court" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
F666Words in s. 305(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 37(c); S.I. 2012/2906, art. 2(h)
F667Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(5) (with Sch. 27); S.I. 2020/1236, reg. 2
F668Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(6) (with Sch. 27); S.I. 2020/1236, reg. 2
F669Words in s. 305(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 37(a); S.I. 2012/2906, art. 2(h)
F670Words in s. 305(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 37(b); S.I. 2012/2906, art. 2(h)
F671Words in s. 305(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(8) (with Sch. 27); S.I. 2020/1236, reg. 2
F672S. 305(1): definition of "service court" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for definitions of "service court" and "service disciplinary proceedings" by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
F673Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(7) (with Sch. 27); S.I. 2020/1236, reg. 2
F674S. 305(1A) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 155 (with s. 89) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(11), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)); S.I. 2014/768, art. 2(1)(b)
F675S. 305(4) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications

C68S. 305 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement

I130S. 305 wholly in force at 4.4.2005; s. 305 not in force at Royal Assent, see s. 336(3); s. 305(1)-(3) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 305 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 24 (subject to art. 2(2), Sch. 2)