THIRD GROUP OF PARTSDisposals

PART 10Custodial sentences

CHAPTER 1Custody: general provisions

Power of magistrates' court to imprison for less than specified term

I1229Power of magistrates' court to imprison for less than specified term

1

Where a magistrates' court has power to sentence an offender to imprisonment for a period specified by an enactment (whether passed or made before or after this Act), the court may sentence the offender to imprisonment for less than that period.

2

This is subject to—

a

section 132 of the Magistrates' Courts Act 1980 (5 day minimum term);

b

express provision to the contrary in an Act passed after 31 December 1879.

3

In this section “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.