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Sentencing Act 2020

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Sentencing Act 2020, Section 221 is up to date with all changes known to be in force on or before 05 October 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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221Overview of PartE+W

(1)This Chapter applies generally for the purposes of determining whether a custodial sentence should be passed and, if so, what its term should be.

In particular—

(a)section 222 defines “custodial sentence”;

(b)sections 227 and 228 make provision about when a custodial sentence is not available or subject to restrictions;

(c)section 229 permits a magistrates' court to impose imprisonment for less than the term specified;

(d)sections 230 to 232 make provision about how a court should decide whether to impose a custodial sentence and the term of such a sentence.

(2)Chapter 2 is about the kinds of custodial sentence that are available for an offender aged under 18—

(a)detention and training orders (sections 233 to 248);

(b)sentences of detention under section 250, including life sentences (and see [F1sections 258 and 258A]);

[F2(ba)special sentences of detention for terrorist offenders of particular concern (section 252A);]

(c)extended sentences of detention (sections 254 to 257);

(d)detention during Her Majesty's pleasure for murder etc where the offender is under 18 at the time of the offence (section 259).

(3)Chapter 3 is about the kinds of custodial sentence that are available for an offender aged 18, 19 or 20—

(a)sentences of detention in a young offender institution (sections 262 to 271), including—

(i)suspended sentences,

(ii)special sentences for offenders of particular concern, F3...

(iii)extended sentences; [F4and

(iv)serious terrorism sentences,]

(b)sentences of custody for life (sections 272 to 276).

(4)Chapter 4 is about imprisonment in the case of an adult aged at least 21 at the time of conviction, including—

(a)suspended sentences,

(b)special sentences for offenders of particular concern,

(c)extended sentences,

[F5(ca)serious terrorism sentences,] and

(d)imprisonment for life.

(5)Chapter 5 is about suspended sentences.

(6)Chapter 6 is about dangerous offenders.

(7)Chapter 7 is about mandatory minimum sentences.

(8)Chapter 8 is about life sentences and in particular about when minimum term orders and whole life orders must be passed.

(9)Chapter 9 contains certain provisions about administration of custodial sentences and includes certain powers and duties of a sentencing court that are relevant to an offender's release from custody.

Textual Amendments

F3Word in s. 221(3)(a)(ii) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(7)(a)(i)

Commencement Information

I1S. 221 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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