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Sentencing Act 2020

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Changes over time for: Section 224

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Changes to legislation:

Sentencing Act 2020, Section 224 is up to date with all changes known to be in force on or before 04 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

224General limit on magistrates' court's power to impose imprisonment or detention in a young offender institutionE+W

(1)A magistrates' court does not have power to impose—

(a)imprisonment, or

(b)detention in a young offender institution,

[F1for a term exceeding the applicable limit in respect of any one offence].

[F2(1A)The applicable limit is—

(a)6 months in the case of a summary offence, or

(b)[F312 months] in the case of an offence triable either way.]

(2)Unless expressly excluded, subsection (1) applies even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment or detention in a young offender institution for [F4a term exceeding the applicable limit].

(3)Nothing in subsection (1) affects section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment).

(4)Subsection (1) does not limit any power of a magistrates' court to impose a term of imprisonment for—

(a)non-payment of a fine, or

(b)want of sufficient goods to satisfy a fine.

(5)In subsection (4)—

(a)“fine”—

(i)includes a pecuniary penalty, but

(ii)does not include a pecuniary forfeiture or pecuniary compensation;

(b)the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—

(i)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but

(ii)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

(6)In this section “impose imprisonment” means—

(a)pass a sentence of imprisonment, or

(b)fix a term of imprisonment for—

(i)failure to pay any sum of money,

(ii)want of sufficient distress to satisfy any sum of money (see section 397(3)), or

(iii)failure to do or abstain from doing anything required to be done or left undone.

(7)Section 132 of the Magistrates' Courts Act 1980 (5 day minimum term) provides for the minimum term of imprisonment that a magistrates' court may impose.

Textual Amendments

Commencement Information

I1S. 224 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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