Ancillary Orders Consultation

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.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

Sentencing Act 2020, part 11, Chapter 4

Availability

• A parenting order is available under section 366 Sentencing Act 2020 to a court dealing with a child convicted of an offence.

If the child is aged under 16 at the time of conviction, the court must make a parenting order in respect of a parent or guardian of the child if it is satisfied that the order would be desirable in the interests of preventing the commission of any further offence by the child.

If the child is aged 16 or 17 at the time of conviction, the court may make a parenting order in respect of a parent or guardian of the child if it is satisfied that the order would be desirable in the interests of preventing the commission of any further offence by the child.

• A parenting order is available under section 368 Sentencing Act 2020 to a youth court dealing with a parent or guardian who has failed to comply with an order requiring them to attend meetings of the youth offender panel.

Content of the order

• The order may impose such requirements that the court considers desirable in the interests of preventing the commission of any further offence by the child.
• A requirement to attend a counselling or guidance programme as specified by the responsible officer must be included unless the child has been the subject of a parenting order on a previous occasion.
• If the order contains a requirement to attend a counselling or guidance programme and the court is satisfied that

• the attendance of the parent or guardian at a residential course is likely to be more effective than that person's attendance at a non-residential course in preventing the commission of any further offence by the child, and

• any interference with family life which is likely to result from the parent's or guardian's attendance at a residential course is proportionate in all the circumstances,

the court may provide in the order that a counselling or guidance programme which the parent or guardian is required to attend by virtue of the requirement may be or include a residential course.

• Before making a parenting order under section 368, the court must explain to the parent in ordinary language, the effect of the order and its requirements and the consequences of a breach.
• The parenting order must specify the responsible officer.

Considerations

• Before making a parenting order in respect of a parent or guardian of an child aged under 16, the court must obtain and consider information about the child's family circumstances, and the likely effect of the order on those circumstances.

• Before making a parenting order and referral order the court must obtain and consider a report by a member of the youth offending team (or the probation team, or a social worker of a local authority)

• indicating the requirements which that officer proposes should be included in the parenting order
• indicating the reasons why the officer considers that those requirements would be desirable in the interests of preventing the commission of any further offence by the child, and
• if the child is aged under 16, containing information about the child's family circumstances, and the likely effect of the order on those circumstances.

• Before making an order under s368 the youth court may make an order if it is satisfied that the parent or guardian has failed without reasonable excuse to comply with the order under section 90, and the parenting order would be desirable in the interests of preventing the commission of any further offence by the child.

Reasons

Where the child is under 16 at the time of conviction and the court does not make a parenting order in respect of their parent or guardian, the court must state its reasons. This does not apply if the court makes a referral order in respect of the child.

Length of the order

The term of the order must not exceed 12 months.

Consequences of breach

Breach of a parenting order is a criminal offence, maximum penalty level 3 fine.