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Powers of Criminal Courts (Sentencing) Act 2000
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Changes over time for: Section 78
Version Superseded: 06/04/2014
Alternative versions:
- 25/08/2000- Amendment
- 04/04/2005- Amendment
- 06/04/2010
Point in time - 06/04/2014- Amendment
- 01/12/2020- Amendment
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Powers of Criminal Courts (Sentencing) Act 2000, Section 78 is up to date with all changes known to be in force on or before 01 December 2024. 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.
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78 General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution.E+W
[F1(1)A magistrates’ court shall not have power to impose imprisonment, or detention in a young offender institution, for more than six months in respect of any one offence.
(2)Unless expressly excluded, subsection (1) above shall apply 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 more than six months.
(3)Subsection (1) above is without prejudice to section 133 of the M1Magistrates’ Courts Act 1980 (consecutive terms of imprisonment).
(4)Any power of a magistrates’ court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient distress to satisfy a fine, shall not be limited by virtue of subsection (1) above.
(5)In subsection (4) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
(6)In this section “impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.
(7)Section 132 of the M2Magistrates’ Courts Act 1980 contains provision about the minimum term of imprisonment which may be imposed by a magistrates’ court.]
Textual Amendments
F1Ss. 78-82 repealed (4.4.2005 for the purpose of the repeals of ss. 79-82) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
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