Part 12

Sentencing
Chapter 1

General provisions about sentencing

General restrictions on discretionary custodial sentences

General restrictions on imposing discretionary custodial sentences
152
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 section 51A(2) of the Firearms Act 1968 (c. 27), under 110(2) or 111(2) of the Sentencing Act or under any of sections 225 to 228 of this Act.
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).