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

The Crown Court

Relevant legislation

Section 33 of the Criminal Justice and Police Act 2001

Availability

A travel restriction order may be made on conviction of a drug trafficking offence as defined in Section 34 of the Criminal Justice and Police Act 2001 which includes importation, production and supply of controlled drugs (but not possession with intent to supply or cultivation of cannabis plant) and where an offender is sentenced to a custodial sentence of four years or more.

Duty of the court

The court must consider making an order where it is available.

It is appropriate to make an order where there is reason to believe that it will reduce the risk of re-offending on release from prison.

If it does not make an order the court must give reasons.

Length of the order

The minimum length of an order is two years from the date of the offender’s release from custody. There is no maximum length. The length should be that which is required to protect the public in the light of the assessment of the degree of risk which is presented by the facts of the case and the circumstances of the offender.

Effect of the order

The effect of an order is to prohibit the offender from leaving the UK for the period of the order, commencing on the date of release from custody. The offender may be required to deliver up any passport, which is a pre-requisite to enforcing such an order.