SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 4Exercise of court's discretion

CHAPTER 3Seriousness and determining sentence

Effect of Code on other powers of court in assessing seriousness

I178Basis of opinion provisions: offenders suffering from a mental disorder

1

Nothing in any of the basis of opinion provisions is to be taken—

a

as requiring a court to pass—

i

a custodial sentence, or

ii

any particular custodial sentence,

on an offender suffering from a mental disorder, or

b

as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.

2

In this section—

  • “mental disorder” has the same meaning as in the Mental Health Act 1983 (see section 1 of that Act);

  • “basis of opinion provision” has the same meaning as in section 77.