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Sentencing Act 2020

Changes over time for: Section 59

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Sentencing Act 2020, Section 59 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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59Sentencing guidelines: general duty of courtE+W

(1)Every court—

(a)must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender's case, and

(b)must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,

unless the court is satisfied that it would be contrary to the interests of justice to do so.

(2)The duty imposed by subsection (1) is subject to—

(a)section 125(1) (fine must reflect seriousness of offence);

(b)section 179(2) (restriction on youth rehabilitation order);

(c)section 186(3) and (6) (restrictions on choice of requirements of youth rehabilitation order);

(d)section 204(2) (restriction on community order);

(e)section 208(3) and (6) (restrictions on choice of requirements of community order);

(f)section 230 (threshold for imposing discretionary custodial sentence);

(g)section 231 (custodial sentence must be for shortest term commensurate with seriousness of offence);

[F1(ga)sections 268B and 282B (requirement to impose serious terrorism sentence);]

(h)sections 273 and 283 (life sentence for second listed offence for certain dangerous offenders);

(i)section 321 and Schedule 21 (determination of minimum term in relation to mandatory life sentence);

(j)the provisions mentioned in section 399(c) (mandatory minimum sentences).

(3)Nothing in this section or section 60 or 61 is to be taken as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with an offender suffering from a mental disorder in the manner it considers to be most appropriate in all the circumstances.

Textual Amendments

Commencement Information

I1S. 59 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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