Sentencing Act 2020 (c. 17)

SECOND GROUP OF PARTS U.K. Provisions applying to sentencing courts generally

PART 4 E+W Exercise of court's discretion

CHAPTER 3 E+W Seriousness and determining sentence

Effect of Code on other powers of court in assessing seriousness E+W

76 Effect of Chapter on other powers of court to consider seriousness E+W

Nothing in this Chapter that requires or permits a court to take any matter into account for the purpose of sentencing an offender for an offence is to be taken to prevent a court taking any other matter into account for that purpose.

Commencement Information

I1 S. 76 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

77 Basis of opinion provisions not to affect power to mitigate sentences E+W

(1) Nothing in any of the basis of opinion provisions prevents a court from mitigating an offender's sentence by taking into account any matters that, in the opinion of the court, are relevant in mitigation of sentence.

(2) Section 230(2) (threshold for imposing discretionary custodial sentence) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it,

was so serious that a community sentence could not normally be justified for the offence.

(3) Nothing in any of the basis of opinion provisions prevents a court—

(a) from mitigating any penalty included in an offender's sentence by taking into account any other penalty included in that sentence, and

(b) in the case of an offender who is convicted of one or more other offences, from mitigating the offender's sentence by applying any rule of law as to the totality of sentences.

(4) Subsections (2) and (3) are not to be taken to limit subsection (1).

(5) In this section “basis of opinion provision” means any of the following—

(a) section 30 or 33 (pre-sentence reports and other requirements);

(b) section 124, 125 or 126 (fixing of fine);

(c) section 179, 180 or 186(3) to (9) (exercise of power to impose youth rehabilitation order, with or without intensive supervision and surveillance or fostering, and other requirements);

(d) section 204 or 208(3) to (9) (exercise of power to impose community order, and community requirements);

(e) section 230, 231 or 232 (imposing custodial sentences).

Commencement Information

I2 S. 77 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

78 Basis of opinion provisions: offenders suffering from a mental disorder E+W

(1) Nothing in any of the basis of opinion provisions is to be taken—

(a) as requiring a court to pass—

(i) a custodial sentence, or

(ii) any particular custodial sentence,

on an offender suffering from a mental disorder, or

(b) as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.

(2) In this section—

• “mental disorder” has the same meaning as in the Mental Health Act 1983 (see section 1 of that Act);

• “basis of opinion provision” has the same meaning as in section 77.

Commencement Information

I3 S. 78 in force at 1.12.2020 by S.I. 2020/1236, reg. 2