SECOND GROUP OF PARTS U.K. Provisions applying to sentencing courts generally

PART 4 E+W Exercise of court's discretion

CHAPTER 3 E+W Seriousness and determining sentence

Effect of Code on other powers of court in assessing seriousness E+W

78 Basis of opinion provisions: offenders suffering from a mental disorder E+W

(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.

Commencement Information

I1 S. 78 in force at 1.12.2020 by S.I. 2020/1236, reg. 2