(1)A person guilty of an offence under section 1 or 2 is liable—
(a)on conviction on indictment, to imprisonment for life;
(b)on summary conviction, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court] or a fine or both.
(2)A person guilty of an offence under section 4 is liable (unless subsection (3) applies)—
(a)on conviction on indictment, to imprisonment for a term not exceeding 10 years;
(b)on summary conviction, to imprisonment for a term not exceeding [F2the general limit in a magistrates’ court] or a fine or both.
(3)Where the offence under section 4 is committed by kidnapping or false imprisonment, a person guilty of that offence is liable, on conviction on indictment, to imprisonment for life.
(4)In relation to an offence committed before [F32 May 2022], the references in subsections (1)(b) and (2)(b) to [F4the general limit in a magistrates’ court] are to be read as references to 6 months.
Textual Amendments
F1Words in s. 5(1)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F2Words in s. 5(2)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F3Words in s. 5(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F4Words in s. 5(4) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
Commencement Information
I1S. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)