Powers of Criminal Courts (Sentencing) Act 2000

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 M1 Magistrates’ 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 [F2 goods] to satisfy a fine, shall not be limited by virtue of subsection (1) above.

[F3 (4A) In subsection (4) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—

(a) 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

(b) 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).]

(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 M2 Magistrates’ Courts Act 1980 contains provision about the minimum term of imprisonment which may be imposed by a magistrates’ court.]

Textual Amendments

F1 Ss. 78-82 repealed (4.4.2005 for the purpose of the repeals of ss. 79-82) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1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))

F2 Word in s. 78(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 132(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F3 S. 78(4A) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 132(3) (with s. 89); S.I. 2014/768, art. 2(1)(b)

Marginal Citations

M1 1980 c. 43.

M2 1980 c. 43.