Ancillary Orders Consultation

Ancillary orders are referenced in various ways in sentencing guidelines and elsewhere on the Sentencing Council website. Most offence specific guidelines have a step (usually step 6 or 7) entitled ‘Ancillary orders’ or ‘Compensation and ancillary orders’. Some guidelines only have a brief piece of text in addition to those links, such as:

‘In all cases the court should consider whether to make ancillary orders’ or

‘In all cases the court should consider whether to make compensation and/or other ancillary orders. Where the offence has resulted in personal injury, loss or damage the court must give reasons if it decides not to order compensation (Sentencing Code, s.55).’

Other guidelines contain more information. This can take the form of:

• a reference to ancillary orders that may be relevant to that offence either with or without links to more detailed information; or 
• reference to relevant ancillary orders with text in the guideline giving more details; or
• a dropdown giving more information (there are three of these – for sexual offences, terrorism offences, and driving offences).

The ancillary orders hyperlinks in guidelines take users to the supplementary information which is material provided for the magistrates courts only (previously called explanatory materials). As noted, there is usually a general link to these in guidelines (including in a few guidelines for offences that are indictable only). The full list of matters covered is:

Introduction to ancillary orders

Anti-social behaviour orders

Binding over orders

Confiscation orders

Criminal behaviour orders

Deprivation of ownership of animal

Deprivation orders

Destruction orders and contingent destruction orders for dogs

Disqualification from driving – general power

Disqualification from ownership of animals

Disqualification of company directors

Drinking banning orders

Exclusion orders

Football banning orders

Forfeiture and destruction of drugs

Forfeiture and destruction of goods bearing unauthorised trade mark

Forfeiture and destruction of weapons orders

Forfeiture or suspension of liquor licence

Parenting orders

Restitution orders

Restraining orders

Sexual harm prevention orders

Sexual offences prevention orders

Automatic orders on conviction for sexual offences

Additional note: Availability of ancillary orders

As part of the work currently being undertaken on improvements to the website, the appearance of the supplementary information (previously called explanatory materials) page which contains the ancillary orders has changed, to make it easier to navigate, but the content has not.

The guidance provided by the Sentencing Council is limited to magistrates’ courts. Where relevant some guidelines also include a hyperlink to the Crown Court Compendium (produced by the Judicial College) to enable judges to find relevant Crown Court guidance on ancillary orders. However, the link provided in the guidelines is to a landing page on the Judiciary website. From there a user needs to scroll down and download the Crown Court Compendium Part II Sentencing June 2023. There is no section in that document devoted to ancillary orders though several are covered in Section 3 Disposals (General) and others in Section 6 Further Powers of Sentencing.

Developments currently being considered by the Sentencing Council

Earlier this year the Council consulted on additional guidance for disqualification from driving which includes the information and guidance currently contained in the supplementary materials. The Council is now reviewing the responses received to the consultation and will update and amend the guidance as part of that project.

Changes Proposed

• It is proposed that we make changes to provide a more consistent level of assistance on ancillary orders.
• It is proposed that we provide a similar level of information for the Crown Court rather than providing a link to the judiciary website.
• It is proposed that at the ancillary orders step of all sentencing guidelines we will include a link to a page on ancillary orders. This page will provide general information relevant to magistrates’ courts and the Crown Court. It will also include a comprehensive list of specific ancillary orders, each one will have a dropdown that will give the user further detailed information.
• In addition to the general ancillary orders link, we propose to include drop downs with detailed guidance on specific ancillary orders in those guidelines were this is relevant. For example, within the football related offences guideline we would include a drop down with information on football banning orders. Within the driving with excess alcohol guideline we would include a drop down with information on driving disqualification orders. A drop down allows the user to open the information within the guideline (on the same page). The information is essentially embedded into the guideline. The content of the dropdown comes from a central source so that we can update the content of the dropdowns by amending just one document.

This consultation paper seeks views on this approach and on the content of the new guidance.

The rest of this consultation paper seeks views on the specific guidance. You can comment on all or just some of the proposals.