(1)Without prejudice to section 133 below, a magistrates’ court shall not have power to impose imprisonment [F1or youth custody]for more than 6 months in respect of any one offence.
(2)Unless expressly excluded, subsection (1) above shall apply even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment [F1or youth custody]for more than 6 months.
(3)Any power of a magistrates’ court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient distress to satisfy a fine, shall not be limited by virtue of subsection (1) above.
(4)In subsection (3) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
Textual Amendments
F1Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 48
Modifications etc. (not altering text)
C1S. 31 extended (N.I.) by Finance Act 1983 (c. 28, SIF 40:2), s. 47, Sch. 9 para. 1(1)(2)
C2S. 31(1)(2) excluded by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 4(5)(b)(ii)
C3S. 31(3) modified by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(2), 123(6), Sch. 8 para. 16