THIRD GROUP OF PARTSDisposals

PART 10Custodial sentences

CHAPTER 1Custody: general provisions

Introductory

I1221Overview of Part

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 section 258);

F1ba

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, and

iii

extended 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, 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.