Magistrates’ Courts Act 1980

Restrictions on imprisonment E+W

132 Minimum term. E+W

A magistrates’ court shall not impose imprisonment for less than 5 days.

133 Consecutive terms of imprisonment. E+W

(1) [F1 Subject to [F2 section 225 of the Sentencing Code],] a magistrates’ court imposing imprisonment [F3 or youth custody] on any person may order that the term of imprisonment [F3 or youth custody] shall commence on the expiration of any other term of imprisonment [F3 or youth custody] imposed by that or any other court; but where a magistrates’ court imposes two or more terms of imprisonment [F3 or youth custody] to run consecutively the aggregate of such terms shall not, subject to the provisions of this section, exceed [F4 the longest term that could be imposed in respect of any one of the offences for which a term of imprisonment is being imposed].

(2) If two or more of the terms imposed by the court are imposed in respect of an offence triable either way which was tried summarily otherwise than in pursuance of section 22(2) above, the aggregate of the terms so imposed and any other terms imposed by the court may exceed [F5 the longest term otherwise permitted by subsection (1) (if less than 12 months)] but shall not, subject to the following provisions of this section, exceed 12 months.

[F6 (2A) In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.]

(3) The limitations imposed by the preceding subsections shall not operate to reduce the aggregate of the terms that the court may impose in respect of any offences below the term which the court has power to impose in respect of any one of those offences.

(4) Where a person has been sentenced by a magistrates’ court to imprisonment and a fine for the same offence, a period of imprisonment imposed for non-payment of the fine, or for want of sufficient [F7 goods] to satisfy the fine, shall not be subject to the limitations imposed by the preceding subsections.

(5) For the purposes of this section a term of imprisonment shall be deemed to be imposed in respect of an offence if it is imposed as a sentence or in default of payment of a sum adjudged to be paid by the conviction or for want of sufficient [F8 goods] to satisfy such a sum.

Textual Amendments

F1 Words in s. 133(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 30; S.I. 2005/950, art. 2, Sch. 1 para. 42(14) (subject to art. 2(2) and Sch. 2)

F2 Words in s. 133(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 59 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F3 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 56

F4 Words in s. 133(1) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 16(a); S.I. 2022/816, regs. 1(2), 3(d)

F5 Words in s. 133(2) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 16(b); S.I. 2022/816, regs. 1(2), 3(d)

F6 S. 133(2A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), Sch. 15 para. 70

F7 Word in s. 133(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 62 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F8 Word in s. 133(5) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 62 (with s. 89); S.I. 2014/768, art. 2(1)(b)