SECOND GROUP OF PARTS

Provisions applying to sentencing courts generally
PART 4

Exercise of court's discretion
CHAPTER 3

Seriousness and determining sentence

Effect of Code on other powers of court in assessing seriousness

Basis of opinion provisions: offenders suffering from a mental disorder
78
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.
S. 78 in force at 1.12.2020 by S.I. 2020/1236, reg. 2