Sentencing Act 2020

222 Meaning of “custodial sentence”

(1) In this Code “custodial sentence” means—

(a) a detention and training order under section 233,

(b) a sentence of detention under Chapter 2 of this Part,

(c) a sentence of detention in a young offender institution,

(d) a sentence of custody for life under section 272 or 275, or

(e) a sentence of imprisonment.

This is subject to subsection (3).

(2) In subsection (1) “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.

(3) Subsection (1)—

(a) does not apply to “custodial sentence” in the following expressions—

• “appropriate custodial sentence”;

• “current custodial sentence”;

• “pre-Code custodial sentence”;

• “relevant custodial sentence”, and

(b) is subject to express provision to the contrary.

(4) In this Code, “pre-Code custodial sentence” means—

(a) a detention and training order imposed under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000,

(b) a sentence of detention imposed under any of the following (sentences of detention for children)—

(i) section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000,

(ii) section 53(1) or (3) of the Children and Young Persons Act 1933, or

(iii) section 226B or 228 of the Criminal Justice Act 2003,

(c) a sentence of detention for public protection imposed under section 226 of the Criminal Justice Act 2003, or

(d) a sentence of custody for life under—

(i) section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(ii) section 8 of the Criminal Justice Act 1982.