Criminal Justice Act 2003

General restrictions on discretionary custodial sentences E+W

152 General restrictions on imposing discretionary custodial sentences E+W

(1) This section applies where a person is convicted of an offence punishable with a custodial sentence other than one—

(a) fixed by law, or

(b) falling to be imposed under [F1 a provision mentioned in subsection (1A).]

[F2 (1A) The provisions referred to in subsection (1)(b) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;

(d) section 110(2) or 111(2) of the Sentencing Act;

(e) section 224A, 225(2) or 226(2) of this Act;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.]

(2) The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence.

(3) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if—

(a) he fails to express his willingness to comply with a requirement which is proposed by the court to be included in a community order and which requires an expression of such willingness, or

(b) he fails to comply with an order under section 161(2) (pre-sentence drug testing).

Textual Amendments

F1 Words in s. 152(1)(b) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 14(2); S.I. 2015/1463, art. 2(b)

F2 S. 152(1A) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 14(3); S.I. 2015/1463, art. 2(b)

Commencement Information

I1 S. 152 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

153 Length of discretionary custodial sentences: general provision E+W

(1) This section applies where a court passes a custodial sentence other than one fixed by law or F3 ... imposed under section [F4 224A,] 225 or 226.

(2) Subject to [F5 the provisions listed in subsection (3)] , the custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

[F6 (3) The provisions referred to in subsection (2) are—

(a) sections 1(2B) and 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) sections 139(6B), 139A(5B) and 139AA(7) of the Criminal Justice Act 1988;

(d) sections 110(2) and 111(2) of the Sentencing Act;

(e) sections 226A(4) and 226B(2) of this Act;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.]

Textual Amendments

F3 Words in s. 153(1) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 149, 153, Sch. 26 para. 67, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c)

F4 Words in s. 153(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 12; S.I. 2012/2906, art. 2(q)

F5 Words in s. 153(2) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 15(2); S.I. 2015/1463, art. 2(b)

F6 S. 153(3) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 15(3); S.I. 2015/1463, art. 2(b)

Commencement Information

I2 S. 153 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)