SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 4Exercise of court's discretion

CHAPTER 1Purposes of sentencing

57Purposes of sentencing: adults

(1)

This section applies where—

(a)

a court is dealing with an offender for an offence, and

(b)

the offender is aged 18 or over when convicted.

(2)

The court must have regard to the following purposes of sentencing—

(a)

the punishment of offenders,

(b)

the reduction of crime (including its reduction by deterrence),

(c)

the reform and rehabilitation of offenders,

(d)

the protection of the public, and

(e)

the making of reparation by offenders to persons affected by their offences.

(3)

Subsection (1) does not apply—

(a)

to an offence in relation to which a mandatory sentence requirement applies (see section 399), or

(b)

in relation to making any of the following under Part 3 of the Mental Health Act 1983—

(i)

a hospital order (with or without a restriction order),

(ii)

an interim hospital order,

(iii)

a hospital direction, or

(iv)

a limitation direction.

58Offenders aged under 18: considerations of court not affected by Code

Nothing in this Code affects the duties of the court—

(a)

to have regard to the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37 of the Crime and Disorder Act 1998);

(b)

under section 44 of the Children and Young Persons Act 1933 (to have regard to welfare and in certain cases to take steps in relation to surroundings and provision of education etc).