Part 12Sentencing

Chapter 1General provisions about sentencing

General limit on magistrates' court’s power to impose imprisonment

154General limit on magistrates' court’s power to impose imprisonment

(1)A magistrates' court does not have power to impose imprisonment for more than 12 months in respect of any one offence.

(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 for more than 12 months.

(3)Subsection (1) is without prejudice to section 133 of the Magistrates' Courts Act 1980 (c. 43) (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, is not limited by virtue of subsection (1).

(5)In subsection (4) “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 Magistrates' Courts Act 1980 contains provisions about the minimum term of imprisonment which may be imposed by a magistrates' court.

155Consecutive terms of imprisonment

(1)Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.

(2)In subsection (1), for “6 months” there is substituted “65 weeks”.

(3)Subsection (2) is omitted.

(4)In subsection (3) for “the preceding subsections” there is substituted “subsection (1) above”.