261Length of discretionary custodial sentences: general provisionU.K.
(1)This section applies where a court passes a custodial sentence for a service offence, other than a sentence fixed by law or [F1imposed under section 225 or 226 of the 2003 Act (as applied by section 219(2) or 221(2) of this Act)].
(2)The custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence or the combination of the offence and one or more offences associated with it.
(3)Subsection (2) is subject to sections 220, 222, 225, 226 and 227 ([F2sentences that may or must be imposed] for certain offences).
Textual Amendments
F1Words in s. 261(1) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 22(a); S.I. 2009/1028, art. 2(b)
F2Words in s. 261(3) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 22(b); S.I. 2009/1028, art. 2(b)
Commencement Information
I1S. 261 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 261 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4