http://www.legislation.gov.uk/ukpga/2020/17/section/224Sentencing Act 2020An Act to consolidate certain enactments relating to sentencing.texttext/xmlenStatute Law Database2026-10-05Expert Participation2026-10-05 THIRD GROUP OF PARTSDisposalsPART 10Custodial sentencesCHAPTER 1Custody: general provisions<Emphasis>General limits on powers to impose custodial sentences</Emphasis>General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution2241A magistrates' court does not have power to impose—aimprisonment, orbdetention in a young offender institution, for a term exceeding the applicable limit in respect of any one offence.1AThe applicable limit is—a6 months in the case of a summary offence, orb 12 months in the case of an offence triable either way.2Unless expressly excluded, subsection (1) applies even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment or detention in a young offender institution for a term exceeding the applicable limit.3Nothing in subsection (1) affects section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment).4Subsection (1) does not limit any power of a magistrates' court to impose a term of imprisonment for—anon-payment of a fine, orbwant of sufficient goods to satisfy a fine.5In subsection (4)—a“fine”—iincludes a pecuniary penalty, butiidoes not include a pecuniary forfeiture or pecuniary compensation;bthe reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—ithere is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, butiiit appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).6In this section “impose imprisonment” means—apass a sentence of imprisonment, orbfix a term of imprisonment for—ifailure to pay any sum of money,iiwant of sufficient distress to satisfy any sum of money (see section 397(3)), oriiifailure to do or abstain from doing anything required to be done or left undone.7Section 132 of the Magistrates' Courts Act 1980 (5 day minimum term) provides for the minimum term of imprisonment that a magistrates' court may impose.Words in s. 224(1) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(a), 51(4); S.I. 2022/816, regs. 1(2), 3(c)S. 224(1A) inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(b), 51(4); S.I. 2022/816, regs. 1(2), 3(c)Words in s. 224(2) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(1)(c), 51(4); S.I. 2022/816, regs. 1(2), 3(c)S. 224 in force at 1.12.2020 by S.I. 2020/1236, reg. 2Words in s. 224(1A)(b) substituted (18.11.2024) by The Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2024 (S.I. 2024/1067), regs. 1(3), 2