THIRD GROUP OF PARTS U.K.Disposals

PART 10 U.K.Custodial sentences

CHAPTER 1 E+WCustody: general provisions

General limits on powers to impose custodial sentences E+W

224 General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution E+W

(1) A magistrates' court does not have power to impose—

(a) imprisonment, or

(b) detention in a young offender institution,

[F1 for a term exceeding the applicable limit in respect of any one offence].

[F2 (1A) The applicable limit is—

(a) 6 months in the case of a summary offence, or

(b) [F3 6 months] in the case of an offence triable either way.]

(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 or detention in a young offender institution for [F4 a term exceeding the applicable limit].

(3) Nothing in subsection (1) affects section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment).

(4) Subsection (1) does not limit any power of a magistrates' court to impose a term of imprisonment for—

(a) non-payment of a fine, or

(b) want of sufficient goods to satisfy a fine.

(5) In subsection (4)—

(a) “fine”—

(i) includes a pecuniary penalty, but

(ii) does not include a pecuniary forfeiture or pecuniary compensation;

(b) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—

(i) 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

(ii) 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).

(6) In this section “impose imprisonment” means—

(a) pass a sentence of imprisonment, or

(b) fix a term of imprisonment for—

(i) failure to pay any sum of money,

(ii) want of sufficient distress to satisfy any sum of money (see section 397(3)), or

(iii) failure to do or abstain from doing anything required to be done or left undone.

(7) Section 132 of the Magistrates' Courts Act 1980 (5 day minimum term) provides for the minimum term of imprisonment that a magistrates' court may impose.

Textual Amendments

F1 Words in s. 224(1) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(a), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

F2 S. 224(1A) inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(b), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

F3 Words in s. 224(1A)(b) substituted (30.3.2023) by The Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2023 (S.I. 2023/298), regs. 1(3), 2

F4 Words in s. 224(2) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(c), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

Commencement Information

I1 S. 224 in force at 1.12.2020 by S.I. 2020/1236, reg. 2