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

The court may make a parenting order where an offender has been convicted of an offence under section 443 of the Education Act 1996 (failure to comply with school attendance order) or section 444 (failing to secure regular attendance at school) and the court is satisfied that the order would be desirable in the interests of preventing the commission of any further offence under either of those sections (Sentencing Code, s.369).

Content of the order

• The order may impose such requirements that the court considers desirable in the interests of preventing the commission of a further offence under section 443 or 444.

• A requirement to attend a counselling or guidance programme as specified by the responsible officer must be included unless the offender 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:

(a)  the attendance of the offender at a residential course is likely to be more effective than the offender’s attendance at a non-residential course in preventing the commission of any further offence under section 443 or 444 of the Education Act 1996, and

(b)  any interference with family life which is likely to result from that person’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 offender is required to attend by virtue of the requirement may be or include a residential course.

• Before making a parenting order 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 for an offender in relation to a child aged under 16, the court must obtain and consider information about that child’s family circumstances, and the likely effect of the order on those circumstances.

Length of the order

The term of the order must not exceed 12 months.

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