C3C2Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
C1 Chapter 1General provisions about sentencing
Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)
General restrictions on discretionary custodial sentences
I1152General restrictions on imposing discretionary custodial sentences
1
This section applies where a person is convicted of an offence punishable with a custodial sentence other than one—
a
fixed by law, or
b
falling to be imposed under F2a provision mentioned in subsection (1A).
F11A
The provisions referred to in subsection (1)(b) are—
a
section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;
b
section 51A(2) of the Firearms Act 1968;
c
section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;
d
section 110(2) or 111(2) of the Sentencing Act;
e
section 224A, 225(2) or 226(2) of this Act;
f
section 29(4) or (6) of the Violent Crime Reduction Act 2006.
2
The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence.
3
Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if—
a
he fails to express his willingness to comply with a requirement which is proposed by the court to be included in a community order and which requires an expression of such willingness, or
b
he fails to comply with an order under section 161(2) (pre-sentence drug testing).
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4