Learning Outcomes
After reading this article, you will be able to identify and explain the main types of ancillary orders available to the courts in criminal sentencing, including compensation, disqualification, and deprivation orders. You will understand the statutory basis, the principles guiding their imposition, and how these orders interact with the main sentence. You will also be able to apply these concepts to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the role and operation of ancillary orders in sentencing. You should focus your revision on:
- the statutory powers for ancillary orders, including compensation, disqualification, and deprivation
- when and how courts must or may impose these orders alongside the principal sentence
- the interaction between ancillary orders and the main sentence, including prioritisation and enforcement
- practical application to exam scenarios, including worked examples
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- In which circumstances must a court consider making a compensation order?
- What is the difference between a deprivation order and a confiscation order?
- Can a court impose a driving disqualification for offences not involving a vehicle?
- What principle governs the amount of compensation ordered when the offender has limited means?
Introduction
Ancillary orders are additional orders a court may or must impose alongside the main sentence in criminal cases. These orders address specific aspects of the offence, the offender, or the impact on victims and the public. Ancillary orders are designed to provide compensation, prevent further offending, or remove tools used in crime. They are governed by statutory powers and must be considered separately from the principal sentence.
Ancillary Orders: Overview and Statutory Basis
Ancillary orders are made under statutory authority, primarily in the Sentencing Code 2020 and other specific legislation. They are not punishments in themselves but serve to compensate victims, protect the public, or prevent future offending. The most common ancillary orders tested in SQE1 are compensation orders, disqualification orders (such as driving disqualification), and deprivation orders.
Key Term: ancillary order
An order made by the court in addition to the main sentence, addressing compensation, disqualification, deprivation, or other specific outcomes.
Compensation Orders
A compensation order requires the offender to pay money to the victim for loss, damage, or injury caused by the offence. The court must consider making a compensation order in every case where loss or injury has occurred.
Key Term: compensation order
An order requiring the offender to pay compensation to the victim for loss, damage, or injury resulting from the offence.
- The court must give reasons if it decides not to make a compensation order where loss or injury is established.
- The offender’s means are considered, but inability to pay in full does not remove the obligation.
- Compensation takes priority over fines and other financial penalties.
Worked Example 1.1
A defendant is convicted of criminal damage after breaking a shop window. The repair cost is £600. The defendant has limited income. What must the court do?
Answer: The court must consider making a compensation order for £600. If the defendant cannot pay in full, the court may order payment in instalments or a reduced amount, but must prioritise compensation over any fine.
Disqualification Orders
Disqualification orders prohibit the offender from engaging in certain activities, such as driving or holding specific positions, to protect the public and prevent reoffending.
Key Term: disqualification order
An order prohibiting the offender from engaging in specified activities (e.g., driving, acting as a company director) for a set period.
Driving Disqualification
- The court must impose a driving disqualification for certain offences (e.g., dangerous driving).
- Disqualification may also be imposed for offences not directly involving a vehicle if the court considers it necessary for public protection.
Disqualification from Directorship or Working with Children
- For offences involving dishonesty or risk to vulnerable groups, courts may disqualify offenders from acting as company directors or working with children, under separate statutory regimes.
Worked Example 1.2
A defendant is convicted of fraud while acting as a company director. What ancillary order may the court consider?
Answer: The court may make a disqualification order under the Company Directors Disqualification Act 1986, preventing the defendant from acting as a director for a specified period.
Deprivation Orders
A deprivation order allows the court to deprive the offender of property used to commit or facilitate the offence.
Key Term: deprivation order
An order depriving the offender of property used in or intended for use in committing the offence.
- The court may order deprivation of any property lawfully seized or in the offender’s possession at the time of arrest.
- The aim is to prevent further offending and remove tools of crime.
Worked Example 1.3
A defendant is convicted of poaching using a vehicle and firearms. What may the court order?
Answer: The court may make a deprivation order for the vehicle and firearms used in the offence, preventing the offender from using them again.
Confiscation Orders
Confiscation orders are made under the Proceeds of Crime Act 2002 to recover the financial benefit gained from criminal conduct.
Key Term: confiscation order
An order requiring the offender to pay an amount equal to the benefit obtained from criminal conduct.
- The court must assess the benefit and order payment of an equivalent sum.
- Failure to pay can result in further imprisonment.
Principles Governing Ancillary Orders
When imposing ancillary orders, courts must ensure that orders are:
- Proportionate to the offence and the offender’s circumstances.
- Necessary for public protection or reparation.
- Not unduly punitive or duplicative of the main sentence.
Exam Warning
Ancillary orders are not automatic. The court must consider the statutory criteria for each order and give reasons if not imposed where required.
Interaction with the Main Sentence
Ancillary orders are separate from the main sentence (e.g., imprisonment or community order) but may affect the offender’s rights or obligations. For example, a compensation order may reduce the amount of a fine imposed, and a deprivation order may result in permanent loss of property.
Revision Tip
Always check whether the court is required to consider an ancillary order and whether the order takes priority over other penalties (e.g., compensation before fines).
Summary
Ancillary orders supplement the main sentence by providing compensation, protecting the public, or removing tools of crime. The most common orders are compensation, disqualification, and deprivation orders. Courts must consider the statutory criteria for each order and ensure they are proportionate and necessary.
Key Point Checklist
This article has covered the following key knowledge points:
- Ancillary orders are additional orders made alongside the main sentence in criminal cases.
- The most common ancillary orders for SQE1 are compensation, disqualification, and deprivation orders.
- The court must consider making a compensation order in every case where loss or injury is caused.
- Disqualification orders may prohibit driving or holding certain positions to protect the public.
- Deprivation orders remove property used in the offence from the offender.
- Ancillary orders must be proportionate, necessary, and based on statutory powers.
- Courts must give reasons if not imposing an order where required by law.
Key Terms and Concepts
- ancillary order
- compensation order
- disqualification order
- deprivation order
- confiscation order
