Part V CUSTODIAL SENTENCES ETC.
Chapter IGeneral provisions
General restrictions on discretionary custodial sentences
80 Length of discretionary custodial sentences: general provision.
1
This section applies where a court passes a custodial sentence other than one fixed by law or falling to be imposed under section 109(2) below.
2
Subject to sections 110(2) and 111(2) below, the custodial sentence shall be—
a
for such term (not exceeding the permitted maximum) as 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; or
b
where the offence is a violent or sexual offence, for such longer term (not exceeding that maximum) as in the opinion of the court is necessary to protect the public from serious harm from the offender.
3
Where the court passes a custodial sentence for a term longer than is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it, the court shall—
a
state in open court that it is of the opinion that subsection (2)(b) above applies and why it is of that opinion; and
b
explain to the offender in open court and in ordinary language why the sentence is for such a term.
4
A custodial sentence for an indeterminate period shall be regarded for the purposes of subsections (2) and (3) above as a custodial sentence for a term longer than any actual term.
5
Subsection (3) above shall not apply in any case where the court passes a custodial sentence falling to be imposed under subsection (2) of section 110 or 111 below which is for the minimum term specified in that subsection.