Chwilio Deddfwriaeth

Criminal Justice Act 2003

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 166

 Help about opening options

Version Superseded: 01/12/2020

Alternative versions:

Status:

Point in time view as at 16/09/2011. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

166Savings for powers to mitigate sentences and deal appropriately with mentally disordered offendersE+W
This adran has no associated Nodiadau Esboniadol

(1)Nothing in—

(a)section 148 [F1or (2B)](imposing community sentences),

(b)section 152, 153 or 157 (imposing custodial sentences),

(c)section 156 (pre-sentence reports and other requirements),

(d)section 164 (fixing of fines),

[F2(e)paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or

(f)paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),]

prevents a court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.

(2)Section 152(2) does not prevent a court, after taking into account such matters, from passing a community sentence even though 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 a community sentence could not normally be justified for the offence.

(3)Nothing in the sections mentioned in subsection (1)(a) to [F3(f)] prevents a court—

(a)from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence, and

(b)in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.

(4)Subsections (2) and (3) are without prejudice to the generality of subsection (1).

(5)Nothing in the sections mentioned in subsection (1)(a) to [F4(f)] is to be taken—

(a)as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender, or

(b)as restricting any power (whether under the Mental Health Act 1983 (c. 20) or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.

(6)In subsection (5) “mentally disordered”, in relation to a person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983.

Textual Amendments

Commencement Information

I1S. 166 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)

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan heb Atodlenni

Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?